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enforcing an agreement in a consent order

  • guru2
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4 years 8 months ago #474376 by guru2
Hi
i have an agreement (not an undertaking ) in the recitals to a consent order from my ex to pay me
some money. They have refused.
What route do i use to enforce this,

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  • rajpoot
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4 years 6 months ago #475869 by rajpoot
Replied by rajpoot on topic Re:enforcing an agreement in a consent order
You would need to complete form D11 to make application to the court for specific performance of the relevant recital. You can also ask that your costs are paid due to the breach of the consent order which is a court order. I think the fees are around the £150 mark.

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4 years 6 months ago #476821 by guru2
Hi Rajpoot
Thanks for your response.
Their argument was that the agreement was in the recitals to the consent order and therefore not in the consent order itself.
As such it needs to be enforced differently, which may be as you suggest different wording or a whole different approach.
Is your experience of a similar situation?

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4 years 6 months ago #476822 by guru2
Hi Rajpoot
Thanks for your response.
Their argument was that the agreement was in the recitals to the consent order and therefore not in the consent order itself.
As such it needs to be enforced differently, which may be as you suggest different wording or a whole different approach.
Is your experience of a similar situation?

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  • s59
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4 years 6 months ago #476939 by s59
This may or may not help: www.wikivorce.com/divorce/Divorce-Advice...rder-enforcable.html

Although the thread doesn''t end conclusively.

This is also helpful:
www.familylaw.co.uk/news_and_comment/rec...rthodoxies-of-orders

Although it implies that since 2013 things are being put in the substantive part of the Order more rather than above the line.

It may be that if you apply via D11 and the judge decides they can''t enforce directly, they then just make that Order and then it would be enforceable? I think most judges would give short shrift to technicality arguments about matters on a Court Order. But I''m not a lawyer :)

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