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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.

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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paying off divorce costs gradually and enforcement

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24 Aug 12 #351746 by sexysadie
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Hi all,

I was awarded the costs of my divorce, which were agreed by my ex (or at least by his solicitor) at £1000. They should strictly have been paid eight months ago but he has found various ways to stall this. I finally gave him until the end of this month to pay it.

Today I found that he had transferred £50 to my bank account. This suggests to me that his new ploy is to pay it off at £50 a month rather than just giving me the whole sum as he is supposed to. He presumably thinks that this will make it seem that he is willing to pay the money and thereby thwart any attempt at enforcement. He has been throwing money around all over the place recently so it''s not as if he can''t afford it.

What would be my position if I now went for enforcement? Would the court accept his argument that he needs two years to pay off this sum or would he be forced to pay up (with costs) or pay interest?

Best wishes,
Sadie

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24 Aug 12 #351767 by dukey
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Your best bet is to use money claim online, I think it costs around £70 which you get back once they get your money, other than that you can enforce the same way as you would with any debt, try money claim first, tends to be the quickest and most simple method, if you google them you can read the procedure and the details of the centralised court that enforce the orders.

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24 Aug 12 #351772 by sexysadie
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Thanks, Dukey.

He has now sent an email to say that this is the first of 20 instalments. He is reliable about child support payments so he is likely to be the same about this money, as he knows that there is an Order requiring him to pay it.

I''ve just had a look at the money claim online site and I suspect that if he says that he can only pay in monthly installments then they will probably accept this. I can''t go for an attachment of earnings order as he is self-employed.

So I''m wondering whether it is worth bothering, given that I will probably get it all eventually and I''m not (to be honest) desperate for it now. Is it worth pointing out that as interest on legal debts is payable at 8% by statute that he already owes me about another £50 and it will be a lot more by the end of the process?

Am I right in thinking that costs become due from the date of the Absolute?

Best wishes,
Sadie

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24 Aug 12 #351778 by dukey
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I doubt they would accept £50 per month it''s not really how they work, interest is due at 8% as you say.

Most of the time payment is due at Absolute, it''s depends on the wording, if you think he will pay and not mess you about it''s probably not worth the hassle of enforcement.

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24 Aug 12 #351780 by sexysadie
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Thanks, Dukey!

I think I might just point out the interest payable and see what happens. I expect I will get the money (maybe not the interest) eventually.

Best wishes,
Sadie

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