Often, separating couples think that when assets have been divided, such as paying a lump sum to an ex-partner to keep the family home in a divorce, the matter is closed. That’s not the case – if you don’t have a court-approved consent order, this type of arrangement is not legally binding. That means it can still be challenged at a later date.
In this case, a client contacted our family law solicitors in Southampton for help when they thought there was a possibility they could lose their home. The client spoke to Elizabeth Hughes, an Associate in our Southampton office, and explained that she had already paid her ex-partner a £100,000 lump sum.
This represented half the equity in the property and was paid so her ex could get alternative housing. However, our client’s ex had spent some of the lump sum and not signed a consent order, and there was now a real risk that the arrangement could be challenged.
Liz Hughes provided clear, realistic advice so the client understood their position and the options open to them. She then drafted the consent order and the necessary financial disclosure through Form D81.
This meant the financial settlement would meet the court’s requirements and help provide our client with lasting financial protection.
As part of the process, Liz also dealt with some concerns about the ex’s financial disclosure. There was an issue that he may have been underestimating his income and that he had not contributed in a consistent way towards child maintenance and household expenses.
It was this kind of detailed approach that meant we were able to reach an agreement, draft detailed consent order paperwork, and secure the court-approved sealed financial order. By doing so, the client was able to retain the family home and have some security regarding maintenance.
The client said:
“Thank you! My divorce marks the successful end of a very painful journey. Knowing you had my back was a huge relief and I don’t know how I would have got through it without having you work for me.
“I am very happy to be moving on with my life now, and will never forget that it was thanks to your knowledge, skill, and guidance that my second chance began so positively. You really do make a difference to people’s lives.”
This case is an example of a common issue in divorce settlements: that informal arrangements are not legally binding without court approval.
Faced with this situation, our Southampton team worked quickly to make sure informal agreements became a legal financial order. They also addressed issues around financial disclosure so that the financial settlement gave the client stability and long-term security.
If you need help with your divorce, call us today to speak with our expert family law solicitors who will provide clear advice, practical solutions, and unwavering support. Get in touch to have the UK’s largest family law firm on your side.
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