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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Defaulting on a court order

  • Mervinia
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18 Aug 12 #350392 by Mervinia
Topic started by Mervinia
Hi everyone,
I''m new to the forum and just wondering if someone can help put my mind to rest as I can''t speak to my solicitor until Monday (if at all, they''re really rubbish at communication right now!) :angry:
My ex-husband divorced me in April 2012 and in the court order, I was awarded the FMH and it was agreed that I would pay him a sum of money by 1st Aug or the house would be sold. I paid him his money with 5 days to spare and he''s confirmed this in writing.
I also had to get the house transferred into my own name and completed by 1st Aug but no penalty was written in for this not being done in time.
Due to circumstances with the mortgage, I couldn''t get that in my sole name until after 1st Aug and my solicitors couldn''t get the title deed transfer docs drawn up until this was done.
I got the mortgage agreed in my sole name on 4th Aug but the mortgage company are still awaiting their agreement form about the mortgage going into my name, which I gave to my solicitor in mid July as they wanted to deal with it as part of the house transfer documents.
I have phoned and emailed my solicitor to find out where this form is but haven''t heard a thing from them, so I got another form from my mortgage company and dropped it to my ex-husband.
I have now received an email from him saying that he has spoken to his solicitor and is reporting me for being in breach of the court order as I failed to remove him from the mortgage and transfer the house into my own name by 1st Aug.
He is not currently moving house or getting a mortgage or credit and an extra couple of weeks to get this all finalised will make no difference to him. He is purely doing this as he is still angry and bitter that I ended our marriage nearly two years ago - noone else involved, just that one of us needed to end it and I was the only one strong enough to do it after years of trying to make it work.
I have done everything I can to get the process completed and it''s so very close to being finished and most of the delay has come on my solicitors part. I''m just terrified now that I''ll have to go to prison or something for not making the 1st Aug deadline. Surely the courts would be able to see that I''m trying to get it done? I have records of the emails and phone calls to my sols who have just been non-existant in replying.
Please can someone tell me what might happen next? I agree I missed the deadline but I am going to get it finalised as soon as possible. I am also looking at getting a restraining order against my ex-husband as he has constantly emailed me day in day out since the breakup, telling me how much he hates me and how I''ve ruined our children''s lives and how I''m selfish etc etc. I ignore the emails mostly as all I want to do is get on with my life and it''s easier not to antagonise him further. Do I have a chance of using this reporting me as evidence that he is just being vendictive and trying to cause trouble and harassment?
Thank you for any help or advice given

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18 Aug 12 #350394 by dukey
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You won''t go to prison, in fact by the time he got it back for enforcement it will be done and dusted, courts take a dim view of those who refuse to comply with orders, not those who get stuck with the red tape and slow solicitors.

If it makes you feel better write to your ex and even court to explain te delay and the fact your doing all you can to rectify the situation.

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18 Aug 12 #350397 by Mervinia
Reply from Mervinia
dukey wrote:

You won''t go to prison, in fact by the time he got it back for enforcement it will be done and dusted, courts take a dim view of those who refuse to comply with orders, not those who get stuck with the red tape and slow solicitors.

If it makes you feel better write to your ex and even court to explain te delay and the fact your doing all you can to rectify the situation.


Thank you so much. I have told my ex what''s been happening and I could understand if he was relying on action for something he was doing but he''s not.
After nearly two years of stress and hassle, I''m at breaking point and thought it was nearly over but the ex is just turning the screw on the last thing he has left to get at me.
Thank you again, I''ll send a letter to the court and pre-empt the ex :)

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18 Aug 12 #350398 by dukey
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Don''t worry about prison even those who should do time rarely do, the process tends to go penal notice, enforcement, committal hearing, it''s reserved for only those who show contempt for court.

  • soulruler
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18 Aug 12 #350404 by soulruler
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I face three penal orders all based on the insitance of a very angry and bitter ex who will not comply with his own suggestions and orders and has failed to do so for 4 years now.

I on the face of it face a life time imprisonment for the anger an bitterness not only of my ex but of my ex best friend.

Your ex is an arse his claims farsical - the day I am sent to prison for life for stating the truth is the day we realise democracy is an arse in the UK.

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