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What are we each entitled to in our divorce settlement?

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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.

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Non compliance to court order

  • Rockets
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11 Jun 20 #512806 by Rockets
Topic started by Rockets
I was the petitioner in the divorce. A court order is date Dec 2013. The order was appealed and was dismissed in March 2015.
The order contains a penal notice and provides for : -

a) a sum of £14000 to be paid to me for costs
b) the sale of a Spanish property - the proceeds of which are to be split 50/50
c) the sale of the villa to be managed by the petitioner

My ex husband is residing in the villa in Spain and is running a business from there. He has blocked any attempts by myself to sell the villa

I want to finalise matters i.e sell the villa and be paid my £14000 how do i do this ?

  • AshleyM
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16 Jun 20 #512860 by AshleyM
Reply from AshleyM
I am in a similar position,but my Consent Order has only just been approved. Mines states FMH to be sold and proceeds of sale to me. Ex would not allow me to sell until absolute (no reason for this as he is not getting any equity....other than to be spiteful, but then said he would agree if I gave him an additional £20k outside our financial agreement). I received an offer in March (just before lockdown) and he refused until absolute, which I now have, buyers still interested and so I have instructed conveyancer, but ex will not sign the papers. He lives abroad. My understanding is you need to complete a D11 form for breach of consent order. Initially, you need to write to him to advise him that you are writing to court as he is in breach of consent order and give him 7 days. However, as he is abroad (my ex husband is also) I am not sure how things stand regarding court and whether they can enforce the sale if it is abroad. Maybe someone else can advise on this. Sorry I couldn't really help, but just wanted to comment as mine is a similar position.

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