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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.


D11 Hearing for RPI increments to be enforced

  • Spirella
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13 Jul 20 #513264 by Spirella
Topic started by Spirella
Dear all,

I'm new to this forum and many thanks for any support. Hoping you are all well!

I have a Consent Order with yearly RPI increments. Mr refuses to acknowledge previous requests to have this included so I completed a D11 form to enforce the RPI increments as stated in the Order of 2015.

The Hearing Date is early August, 1.5hrs by telephone. I have sent Mr details and as yet no acknowledgement from him at all.

My questions, if anyone has experience or could advise I would be grateful.

1) do I need to prepare a Bundle for this Hearing? if so, what papers would I need to include.
2) do we need to exchange anything before the Hearing with him? he refuses to communicate with me on anything but I wish to show that I have at all times been reasonable and open to communication which I have.
3) he has gone from a low salary working in the family business (2015) to now a Company Director (2020) in the family business so it's not a question of him not being able to pay. He has a lavish lifestyle.

I am simply requesting for an Order to be adhered to and I am now afraid that I am in a deep hole of 3 hearings as the divorce was years ago! Please help. Thank you.

  • hadenoughnow
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14 Jul 20 #513281 by hadenoughnow
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If you are only asking for enforcement of an existing order and the court has that order then you don't need to make a case beyond that as far as I can see. I guess it may help to provide evidence that payments have not changed. Any evidence needs to be sent to him and the court.

The notice of hearing should deyail what you need to do. NB You may have to demonstrate that he is aware of the hearing if he does not engage. This may be a recorded delivery slip, seen email, text, whatsapp etc.

If you (or he) were applying for variation (to change the basic amount provided for in the order) it would be different. You would have to demonstrate a: that you had a need and b: that he had the ability to pay. This would involve a form of financial disclosure and potentially several hearings.

Hadenoughnow

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14 Jul 20 #513287 by Spirella
Reply from Spirella
Thank you Hadenoughnow! Comments much appreciated.

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