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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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Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

Consent order - how can I get it paid out?

  • neekeem
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06 Mar 08 #16040 by neekeem
Topic started by neekeem
My Consent Order was agreed with the court etc and all signed off.

It clearly stipulates that the money my ex husband owes me is to be paid upon the Decree Absolute. This has now happened and, unsurprisingly, no money yet.

I have asked my solicitor about this and she wrote again to my ex's solicitor asking for the money, but in the covering letter to me says that the cost chasing this money through her firm will likely be more than the amount of money I'm owed.

Is there a way I can get this money without needing a solicitor?! It's not much, just the costs of my solicitor's fees for the divorce.

  • attilladahun
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06 Mar 08 #16046 by attilladahun
Reply from attilladahun
How much is the money owed? Is she saying it may not be proportionate for her to collect it for you"

The money can be collected as a debt....

How can I get my money after judgment?

If a court has decided that someone must pay you an amount of money (you have 'obtained judgment against the defendant'), and you have not received a payment, this guidance may help you decide what to do next.

The court will not enforce the judgment unless you ask it to.

You can try and get your money (called 'enforcing your judgment') by asking the court for any of the following:

* a warrant of execution;
* an attachment of earnings order;
* a third party debt order; or
* a charging order.

This guidance provides short descriptions of each of these methods of enforcement.

If the amount you are owed is more than £750, you can also apply to make the defendant bankrupt. However, this can be expensive. You can get information about bankruptcy procedures from staff at a county court which deals with bankruptcy.

Remember, the court cannot guarantee you will get your money back and you will have to pay a fee for any action you take. Although the court will add the fee to the money the defendant already owes, the court cannot return what you have paid if you do not get your money from the defendant, or the court refuses your application.

However, your financial situation may mean you do not have to pay a fee. The guidance Court Fees - do I have to pay them? provides further information on this. Court staff can also provide you with a copy of this guidance and the application form. You will have to make a separate application for each fee that you would otherwise have to pay.

Before you decide how to continue you should consider whether:

* you are likely to get your money and court fee from the defendant;
* the defendant owes other people money or has other county court judgments;
* the defendant owns any goods or assets which can be taken and sold at auction;
* the defendant is working;
* the defendant has other earnings, such as income from investments;
* the defendant has a bank, building society or other account;
* the defendant owns property (a house); or
* anyone else owes the defendant money.


  • neekeem
  • neekeem's Avatar Posted by
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  • New Member
06 Mar 08 #16053 by neekeem
Reply from neekeem
The total owed is £2,000. The solicitor's letter says I should 'think very carefully' about pursuing the settlement as the costs will likely outweigh the £2,000.

Thanks for the court info - much appreciated :)

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