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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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Family Procedural Rule 33 applies

  • harejlc
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15 Jul 12 #343199 by harejlc
Topic started by harejlc
We ex husband as stopped paying maintenance as our child is 18. However she is still doing her a levels which is classed as non advanced education.

Our order states that he should pay until "child is 18 or leaves full time secondary education, which is the later".

I ask the judge for a penal notice against this para but a note from court came back with "FPR Rule 33 applies".

Does anyone know what that means. Should he be paying maintenance. Also our daughter is not finishes her a levels until she is 20 will he have to pay until then as I believe child benefit is applicable

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15 Jul 12 #343201 by dukey
Reply from dukey
2.2 is the only bit you need to read,


PRACTICE DIRECTION 33A – ENFORCEMENT OF UNDERTAKINGS

See also Part 33
PRACTICE DIRECTION 33A – ENFORCEMENT OF UNDERTAKINGSThis Practice Direction supplements FPR Part 33
Contents of this Practice Direction Title Number
Enforcement of undertaking to do or abstain from doing any act other than the payment of money Para. 1.1
Enforcement of undertaking for the payment of money Para. 2.1
Enforcement of undertaking to do or abstain from doing any act other than the payment of money
1.1

Rule 33.1(2) provides that Part 50 of, and Schedules 1 and 2 to, the CPR (which contain the Rules of the Supreme Court (RSC) and County Court Rules (CCR) respectively) apply, as far as they are relevant and with necessary modification, to an application made in the High Court and a county court to enforce an order made in family proceedings.
1.2

Subject to the Debtors Act 1869 (which makes provision in relation to orders for the payment of money), RSC Order 45.5 and CCR Order 29.1 enable a judgment or order to be enforced by committal for contempt of court where –

(a) a person who is required by a judgment or order to do an act has refused or neglected to do that act within the specified time; or

(b) a person disobeys a judgment or order requiring him to abstain from doing an act.
1.3

These Rules apply to undertakings as they apply to orders, with necessary modifications.
1.4

The form of an undertaking to do or abstain from doing any act must be endorsed with a notice setting out the consequences of disobedience, as follows:

‘You may be sent to prison for contempt of court if you break the promises that you have given to the court’.
1.5

The person giving the undertaking must make a signed statement to the effect that he or she understands the terms of the undertaking being given and the consequences of failure to comply with it, as follows:

‘I understand the undertaking that I have given, and that if I break any of my promises to the court I may be sent to prison for contempt of court’.
1.6

The statement need not be given before the court in person. It may be endorsed on the court copy of the undertaking or may be filed in a separate document such as a letter.
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Enforcement of undertaking for the payment of money
2.1

Any undertaking for the payment of money that has effect as if it was an order made under Part 2 of the Matrimonial Causes Act 1973 may be enforced as if it was an order and Part 33 applies accordingly.
2.2

The form of an undertaking for the payment of money that has effect as if it were an order under Part 2 of the Matrimonial Causes Act 1973 must be endorsed with a notice setting out the consequences of disobedience, as follows:

‘If you fail to pay any sum of money which you have promised the court that you will pay, a person entitled to enforce the undertaking may apply to the court for an order. You may be sent to prison if it is proved that you –

(a) have, or have had since the date of your undertaking, the means to pay the sum; and

(b) have refused or neglected, or are refusing or neglecting, to pay that sum’.
2.3

The person giving the undertaking must make a signed statement to the effect that he or she understands the terms of the undertaking being given and the consequences of failure to comply with it, as follows:

‘I understand the undertaking that I have given, and that if I break my promise to the court to pay any sum of money, I may be sent to prison’.
2.4

The statement need not be given before the court in person. It may be endorsed on the court copy of the undertaking or may be filed in a separate document such as a letter.

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15 Jul 12 #343274 by harejlc
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Thank you very much for your response.

I am attending court this week unrepresented. Do I therefore need not worry as he will be made to pay the maintenance.

Can you please clarify if a levels are classed as secondary education as I have been everywhere to find the answer and do not seem to get anywhere.

Am I correct in thinking that he should pay until our daughter finishes her a levels even if she is over 19.

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15 Jul 12 #343276 by dukey
Reply from dukey
Don''t worry either way, it looks like the judge will order payment, the court have jurisdiction when the child is that age.

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