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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.

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.

 

Non compliance court order - financial settlement

  • TFI
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12 Oct 15 #467927 by TFI
Topic started by TFI
Having agreed and signed a Consent Order I am now in the position where my ex is not complying. He was supposed to pay a lump sum to me last Friday and has failed to do so. I have contacted him and he is saying that the person who was lending him the money has changed their mind unless I drop the agreed amount by £1k. I agreed the settlement when I was told the cash part would be paid at the end of the 28 days. I have emailed the court and waiting for a judge to give Directions. Does Anyone have any experience in situations like this and what my course of action should be. I have advised him interest will be accruing.

  • Man38
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17 Oct 15 #468164 by Man38
Reply from Man38
Unless your consent order specifically mentions interest you can''t just unilaterally impose it.

Basically you need to apply to the court to have your order enforced, and also state you will be seeking costs. However before doing this I would advise trying to find out if he is able to pay or not. If he genuinely doesn''t have the money there is no point going to court as no matter how many orders you get they won''t produce money out of thin air.

Also the court doesn''t have the power to ask someone to take a loan, they can attach earnings, assets etc but if there is nothing to go after you are wasting your time.

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