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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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Lump sum payments

  • The law is an ass
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28 Sep 12 #358426 by The law is an ass
Topic started by The law is an ass
As part of my divorce settlement my ex husband had to make three lump sum payments The judge also stipulated that he had to contribute just over one thousand pounds towards my legal cost. He was meant to make the last payment in 2008. This has not occurred. The agreementwas that if the payment was late he would have to pay interest at 8% per annum. His financial situation had changed and I thought that I was being considerate by waiting. But he has taken advantage of this fact. Can I also charge him interest on the legal fees? Is there a statue of limitation for the payment? Can I get the final payment?

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29 Sep 12 #358441 by LittleMrMike
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It''s hard to say, isn''t it ?

Lump sum payments cannot be altered but the payer does have the option of varying the arrangements for payment, ( with the approval of the Court ) eg spreading them over a longer period. But really, the onus should be on him, if this is the case.

A judge would not have made the order (s)he did if your ex was unable to pay it and this is reinforced by the fact that the lump sum was payable by instalments.

But in the final analysis people cannot pay what they do not have. This is a question that must always be asked when considering enforcement. Getting a judgment does not always result in payment and you need to give advance consideration to the issue of how you will enforce the judgement if you get it.

LMM

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29 Sep 12 #358479 by The law is an ass
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There has been times in the past four years where he has come into sums of money but has chosen not to erode this debt. In the not too distance future he maybe coming into another lump. Which he will try to circumvent the legal system to avoid payment. Can I place a lien against his house for the amount owing which is increasing with interest?

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29 Sep 12 #358481 by LittleMrMike
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It''s called a charging order but in principle, yes.

LMM

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29 Sep 12 #358484 by The law is an ass
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Would I have to go to small claims court? He also has a another property that he co owns and rents out. Also, if I need to enlist the help of a solicitor can I also recoup this cost?

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