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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.


INDEMNITY

  • teecher
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17 May 14 #433785 by teecher
Topic started by teecher
Hi.
Ex was ordered by the Judge in a court order to pay off a £3,000 bank debt and I was granted indemnity.
Turns out that ex has not paid and bank is now insisting I pay despite my having sent the court order to them.
I remember that the judge told ex he must keep up the payments or go to prison and ex agreed to take on the debt.
Why am I now being harrassed and what can I do?
I haven''t got that kind of money and the divorce broke me financially and emotionally.
How can the bank ignore the court order?
HELP!:S

  • dukey
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17 May 14 #433800 by dukey
Reply from dukey
This happens all too often, the judge cannot remove your liability to a debt, the judge can only order your ex be responsible for it, pay it and indemnify you.

Write and send recorded, explain you are taking this back to court for enforcement, ask no action is taken until the outcome of the hearing, chances are they will wait.

You don''t need a solicitor for this, but if you can afford some advice it''s wise, if not at least give the wiki line a call.

Assuming a lawyer is not an option.

Fill in form D11, to find click tools then free court forms,
In orders sought, write, enforcement of existing order, then give the basic story, attach a copy of the order to form D11, it costs £80 (I think), this springs a hearing, you both attend, the judge will decide how best to enforce, if you use a lawyer chances are you will get your costs assuming your ex has any money.

If your ex has a very good reason for not doing as they should chances are they will get off, if they have just not bothered or maybe given up work they could be facing time in one of our very fine prisons.

Of course let your ex know what you intend to do so they have one last chance.

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