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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.


Enforcement of Costs Order

  • Gaz J
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18 Mar 22 #519015 by Gaz J
Topic started by Gaz J
Hello,
I have recently concluded a C79 enforcement proceedings with my ex-wife regarding her breaches of a Child Arrangements Order. The Circuit Judge issued, at the Final Hearing, a revised Child Arrangements Order and within it, awarded me costs, to be paid to me by the ex-wife. It is the last paragraph in the Contact Order, made by the Family Courts. It reads:

[ex-wife] shall pay one-third of the costs of [my name] summarily assessed at £5,313.00 and therefore the amount payable within 14 days of this order is £1,771.00.

My ex-wife is refusing to pay and the time (14 days) has elapsed. How do i enforce this cost? I am litigant-in-person.

Many thanks for any advice. I have read quite a lot and most refers to 'costs as/to be assessed'. This is not my case. The costs are clearly stated along with the time frame to pay.

  • .Charles
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18 Mar 22 #519016 by .Charles
Reply from .Charles
As the costs have been summarily assessed, you have a money judgment. 14 days is the standard payment term so you can now enforce.

Personally I would send a letter indicating that you are about to enforce the order and to avoid any further costs, the sum should be paid within 7 days after which time you will apply to enforce without further recourse to them.

From there onwards the process is fairly simple and is detailed here: www.gov.uk/make-court-claim-for-money/print

You can complete the claim online and make payment which, for the amount you are seeking, is £115. That fee is added to the amount you seek.

Charles

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18 Mar 22 #519017 by Gaz J
Reply from Gaz J
Thank you for your quick and clear advice. Much appreciated.

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