A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Complying with a Cconsent Order

  • BallsOfSteel
  • BallsOfSteel's Avatar Posted by
  • Elite Member
  • Elite Member
More
13 Sep 12 #355717 by BallsOfSteel
Topic started by BallsOfSteel
Hi

I finally have a Consent Order, however my ex is refusing to comply with it and is preventing me obtain personal belongings as detailed in the Order.

My queries are:

1. Is the Order enforceable?

2, Can I take my ex to court and have her comply with the Order?

3. Who will pay for the court costs of such an action?

4. Whate happens if she does not attend any appointment which the Court may set?

Thanks

BOS

  • soulruler
  • soulruler's Avatar
  • Platinum Member
  • Platinum Member
More
13 Sep 12 #355722 by soulruler
Reply from soulruler
If it is clear in the consent order then it is enforcable but a better way is to write to her explaining that you have an order by consent and will she please let you have access to your belongings.

If in doubt on arrangement of the collection maybe adviseable to get the Police to come along to ensure there is no allegation of breach of peace and to make sure that you get the items as described in the consent order.

If she does not respond, give her a reasonable time frame 7 - 14 days then let her know that you will make an on notice application to the court for an enforccement of the consent order as per the terms on the order.

  • BallsOfSteel
  • BallsOfSteel's Avatar Posted by
  • Elite Member
  • Elite Member
More
13 Sep 12 #355732 by BallsOfSteel
Reply from BallsOfSteel
Hi,
Thank you for your response Soulruler.
The Police has already been involved in this case and they said the Consent Order is not enforceable, hence I am confused. As far as letting my ex know that i want to comply with the Order, i have done, but, she seems to totally ignore anything coming from my side.

I just dont want to be laughed for asking for my things which are not of big financial value .

Thanks
BOS

  • soulruler
  • soulruler's Avatar
  • Platinum Member
  • Platinum Member
More
13 Sep 12 #355739 by soulruler
Reply from soulruler
It may well be that the Police are not getting involved not because a consent order is not enforceable but because a consent order via the civil courts is a civil matter rather than a criminal matter (civil force).

Does the consent order list the items that are to be returned to you as if it does you can point this out to your ex wife and then consider whether you want to apply into court of enforcement of the order.

  • BallsOfSteel
  • BallsOfSteel's Avatar Posted by
  • Elite Member
  • Elite Member
More
13 Sep 12 #355744 by BallsOfSteel
Reply from BallsOfSteel
Thanks again for response Soulruler
Yes the consent it does list every item individualy. My ex has been so unreasonable that i actually had to put down each item of my personal belongings. Imagine that!! In a consent order..LOL

  • soulruler
  • soulruler's Avatar
  • Platinum Member
  • Platinum Member
More
14 Sep 12 #355793 by soulruler
Reply from soulruler
Well I suppose you need to make the decision as to whether you want to apply into court for a hearing to get the possessions, write to her first giving her a few days to co-operate and then maybe apply for an order without a hearing (£45) for an order that unless she complies she will be in contempt of court - that will save you both a trip to court and hopefully she will then co-operate.

Basically, the judge should write an order confirming that she must comply with the consent order or face some sort of penal sentence - like community service.:(

I really hope for your sake and hers it does not come to that as who wants an ex put in prison but at the same time why is an ex so bitter that they won''t allow the other to pick up personal items.

  • revenge
  • revenge's Avatar
  • Elite Member
  • Elite Member
More
14 Sep 12 #355796 by revenge
Reply from revenge
I have been asked by husbands solicitor for a list of household possessions furniture etc. he left 16 months ago and only took his clothes. Husband knows what we have so y should I do a list.
We will share furniture anything personal to each of us we will keep and as far as I''m concerned anything that can''t be split or shared I will sell and share the proceeds, I think that is fair.
Why should I waste my time and effort doing a list.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11