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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.


Do you need help sorting out a fair financial settlement?

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.


When SM is not being paid as per the order

  • Mena
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17 Dec 12 #370698 by Mena
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Is this is normally enforced via County or Magistrates Courts?

Can somone answer on the pros and cons please.
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  • jar of hearts
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17 Dec 12 #370716 by jar of hearts
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I have just started to pursue payment of SM through courts and I was passed from pillar to post by County and Magistrates Courts. Nobody seemed to know what I should do. Finally got it sorted (I hope and pray) and had to complete form D151 to register the order with magistrates for future payments and to collect 5 months arrears. The form needed to be submitted to the County Court where the order was made and they transferred it to a central collections division who are currently writing him a 14 day payment letter, and will then issue a summons for him to appear before magistrates.
Hope that helps.
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  • honey_finder
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29 Dec 12 #371867 by honey_finder
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Can I ask whether it was just 5 months that was due in unpaid SM?
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29 Dec 12 #371873 by jar of hearts
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Hi
Well as of Tuesday it will be six months arrears!!!!! I think there is a limit of 12 months that can be collected, I may be wrong, but I think someone told me that when I started to enquire.
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  • Fiona
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30 Dec 12 #371897 by Fiona
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The easiest way to enforce an order for maintenance if you don''t have a solicitor is to register it with the magistrates court and apply
for an attachment of earnings (assuming the payer is PAYE.) County Court judges are legally trained and have more powers than magistrates so County Courts deal with more complicated cases, although not all types of maintenance enforcement is available through the County Courts.

You need permission from the court to apply to enforce maintenance arrears of more than 12 months.
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  • colours
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30 Dec 12 #371898 by colours
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How do you apply to de-register an Order at a Magistrates'' Court if it has been wrongly registered.

Or apply for a Stay of Enforcement.
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30 Dec 12 #371930 by colours
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Fiona, what enforcement meth
ods are unavailable in c ct that is available in magistrates ct? What extra powers do c ct judges have?
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