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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.


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how best to enforce court order

  • alexa74
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17 Apr 12 #324532 by alexa74
Topic started by alexa74
I have a court order which commenced last September. It is a global maintenance order. With no notice (although he says he has written!)he has stopped paying me. I received a lawyers letter informing me he has been made redundant. I have asked for confirmation from his H.R dept and his P45 and received nothing. I have advised them that he needs to apply for a variation and that I have no intention of waiving any maintenance and that as far as I''m concerned arrears are accuring. He has also not paid me £1200 in divorce costs which were ordered over a year ago but apparently were not due until the Decree Absolute (sept 2011) Can anyone advise me what enforcement form/s I need to submit to the courts. The divorce was finalised in England although I live in Scotland. Or should I wait until he is in employment and attempt to obtain the arrear then. he had a very highly paid job with the bank and I cannot belive (given past history) that he has not received a substantial payment. hope someone can help as I am hoping to avoid solicitors due to costs!

  • jonathancj
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19 Apr 12 #324945 by jonathancj
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You could apply for a third party debt order against his bank account. This would require the bank to send the arrears direct to you. Same applies to the divorce costs. Alternatively, you could simply apply to enforce and the court will decide what is the best method. Does he own any property which could be charged with the unpaid maintenance?

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19 Apr 12 #324956 by alexa74
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he doesn''t own a property. I have just written to the judge in the case and explained the situation. I have asked, given he has not sought a variation, that arrears on the order are allowed to accumulate up to the point of variation. I think that''s the best I can hope for as the money he has will be hidden and experience to date shows me that''s how it will remain! Thanks for you reply

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