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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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


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  • diamond74
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12 Oct 19 #509977 by diamond74
Topic started by diamond74
ex voluntarily agreed to pay x amount as a lump sum, this was signed and sealed as a Consent Order, 2 years ago this was meant to be paid (I did not enforce this after the date had passed as we had promise of refinancing being released by a said company,) time moved on heard nothing...self repped in court to enforce...his solicitor made me an offer (said he needed time to make the house sellable for refinance which had already been promised) I gave him 6 months (upon he would pay me x amount per month) which he has, the 6 months has now turned into 10, I have saw the paperwork to say has been applied for but nothing concrete to say been accepted, apparently now a waiting game still! he has now asked me for solicitors bills and proof of house that i am buying! in the meeting was discussed how much would cost to rehouse me, in the consent order nothing saying it is to purchase a house, also states if this sum was not paid by 2017 that his house would be sold, what do i do now wait still or go to court again?

  • WYSPECIAL
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13 Oct 19 #509980 by WYSPECIAL
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Looks like you need to go to court to get the Consent Order enforced.

Looks like your ex will have to sell the house in order to be able to pay you as the timescales so far suggest he is unable to raise it any other way.

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13 Oct 19 #509981 by diamond74
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yes do not understand why he has asked for proof of house buying as original amount was 43500 take off solicitors costs 6000 and enforcement costs 1200 minus what he has paid per month leaves £25,000 to buy a 4 bedroomed house! does he really have a say on what it is spent on????

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13 Oct 19 #509982 by hadenoughnow
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An order is an order. What the money is spent on is irrelevant.

If you incur legal costs for enforcement you can ask the court to order that he pays them.

Hadenoughnow

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13 Oct 19 #509984 by diamond74
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I asked that last time 9 months ago as self repped the judge reserved them incase we needed to come back,oct 2017 he was meant to pay me , waited under a false pretence that money was being sorted,took it back agreed on payment plan for 6 months, has applied to about 5 different companies (I saw the paperwork) now waiting on a yes or no from the latest one, we are now into month 10 of the 6 month agreement, i know it has definitely been applied for and awaiting the outcome, or do i just go to court now?

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14 Oct 19 #509991 by WYSPECIAL
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Do you know the likely date for a decision?

How much longer are you prepared to wait?

Why not write back with a deadline stating that if the full amount isn't paid within xxx days you will apply to court for enforcement and seek your costs as it is clear that they are unable to borrow the money and the house will have to be sold?

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14 Oct 19 #510000 by diamond74
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I wrote to his solicitor, whom judge said 9 months ago should keep me updated as i have no solicitor acting, she has not once emailed myself, I have had no letters from the said remortgage company, would i not receive one?as to release any funds surely they would have to ask me to remove my restriction on the property? estimated date answer i got from ex is still ongoing!

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