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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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breach of consent order - help please?

  • STEPHS
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27 Apr 12 #326876 by STEPHS
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I am wondering if someone out there can help me..My ex-husand has not kept to the Consent Order and I am needing to take him to court for enforcement of it. What forms do I need to fill in and is it feasible that I represent myself? Feeling totally at sea and do not want to go back to solicitors unless I can really help it because I have already paid a fortune!

  • fairylandtime
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27 Apr 12 #326882 by fairylandtime
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Hi stephs

How has your x broken the CO? Mine broke our CO defaulting on the Child Support, I filled a D11 form (£90) with court filling the bits in & sending copies of my letters to x, the CO & details of our private agreement.

I represented myself in court it was a simple, why & repay it for X, X agreed (in court) so no attachment for earnings required. Judge said to me if he doesn''t pay then bring it back to me in court. Took all of 5 mins.

Having said this looks like will be meeting the judge again X miss the first month & will know shortly if he will miss the next. :(

Good luck, hope some of the experts will be along soon to help you fill form in.

JJx

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27 Apr 12 #326887 by STEPHS
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Thank you for replying. He has been unable to take me off the mortgage and refuses to put the house on the market. He has now stopped paying CM because he has been made redundant but has said that he has redundancy pay to sort the mortgage until Sept. Surely this is not fair? He refuses to communicate with me now even regarding the children x2. I have set it all out in a letter to him, stating my intention of taking him to court, but he says he has not and will not read it.
I would greatly appreciate any other words of wisdom for I do feel afraid of the future at the mo.
How long does it take from sending the application to court?

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27 Apr 12 #326889 by fairylandtime
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Hi steps

Send the letters recorded delivery as long as you can prove you have tried your best to solve the issue to the court that is all you can do.

I am not sure with the redundancy what will happen re payments of CS or the sale of the house, but I know I prepared myself for a reevaluation of CS if X proved he could not pay the amount agreed.

The application didn''t take long at all within a month & we were in court, I gave x plenty of chances to repay & sent 2 different letters requesting a payment plan setting up but he ignored both, he did turn up at court though which was a surprise.

Sorry I cannot be of more help, stay strong JJx

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27 Apr 12 #326892 by STEPHS
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Thank you :)I had sent the letter recorded delivery and have copies of the e-mails I have sent. Shall I include all of those in the application? x

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27 Apr 12 #326898 by fairylandtime
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Yes I would then the court can see you have done everything you can to sort it without them & now have to go to them.

The court are reasonable & can see both sides, it is bad that your x is now redundant but it is unreasonable that he ignor the CO & leave you in the situation you are in, he is not acting reasonably.

JJx

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02 May 12 #327944 by chrissiemay67
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Hiya i am currently going through this with my ex, a maintenance order has been in place since 2008 to include tertiary education, my daughter is now in uni and ex refused to pay even though Consent Order in place so i payed £40 to have consent order registered in magistrates court to which it was granted,it got as far as enforcement and then my ex saw his solicitor and has gone back to county court to ask to vary the order to nil as he states he can''t afford the maintenance payments even though he is a police officer has remarried to a police officer and they own 2 homes. We have exchanged form E''s and i am currently going through his form E with A fine tooth comb as i have to produce a statement of issues, chronology and questionnaire, i am self repping and so glad i am not paying a solicitor to try and enforce the consent order, this site has helped me totally and all i need to do is try and prove he can afford it, i think when you self rep you tend to get away with alot more, my ex can afford to pay his solicitor thousands to try and get him out of paying for his daughter but he can''t afford to support his daughter, crazy man!!

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