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Read our latest Financial Settlements guide (2021)

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.

What steps can we take to reach a fair agreement?

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

What is a Consent Order and why do we need one?

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

Enforcement of a Consent Order

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JanMK16
Posted by
Junior Member

04 Dec 12 #369148 by JanMK16

Topic started by JanMK16

Can anybody point me in the right direction of how I can request an enforcement of a Consent Order as my Ex is now not complying with it? I seem to be going round in circles. I approached the court and was told to seek legal advice, the same from the CAB. Surely there must be an application form which I can do myself without having to pay out for solicitors fees? Any help/advice would be gratefully received.

pixy
Platinum Member

04 Dec 12 #369152 by pixy

Reply from pixy

It would help if you explained the problem. What does the consent order say your ex is supposed to do and what is he/she not doing?

Fiona
Platinum Member

04 Dec 12 #369153 by Fiona

Reply from Fiona

A consent order can be enforced in the same way as an imposed order of the court. If it is enforcement of a contact order the application form is C79 which you can download form the Ministry of Justice website.

JanMK16
Posted by
Junior Member

04 Dec 12 #369155 by JanMK16

Reply from JanMK16

Essentially he was to pay me a lump sum as stipulated in the CO from the sale of our property in the US. The money should have been in my account last Friday (30 Nov).

JanMK16
Posted by
Junior Member

04 Dec 12 #369156 by JanMK16

Reply from JanMK16

It is an enforcement of money to be paid. There are no children involved.

dukey
Moderator

04 Dec 12 #369162 by dukey

Reply from dukey

He agreed to pay a lump sum, so the form you need is D11 which is a general application to get you and him into court to get the judges direction of how to proceed, its costs £90 and you need to write down why you want a judge to help, in your case its to enforce an existing order of court, staple a copy of the order to back of D11, then its a waiting game for an appointment.

JanMK16
Posted by
Junior Member

04 Dec 12 #369168 by JanMK16

Reply from JanMK16

Thank you.

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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