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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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Enforcing maintenance payments

  • stressed1
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28 Apr 12 #326942 by stressed1
Topic started by stressed1
My ex has paid maintenance sporadically, so I sent in an application to court to enforce payments and was told by the Judge that undertakings can not be enforced in court.
My solicitor believes as the wording on the Consent Order has let me down perhaps as it says, AND UPON the Respondent (ex) undertaking to the Petitioner and not Court is why the court can not enforce it.
I would point out that there is a penal notice on the order about being fined or sent to prison but it would appear that I can not enforce an undertaking (according to my court Judge). Despite my solicitors saying that you can.
Any ideas would be gratefully received.

Thank you.

  • dukey
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29 Apr 12 #327124 by dukey
Reply from dukey
The solicitor who says the undertaking can be enforced is that the same solicitor who drafted the order by any chance, or am i just cynical?.

The order should be written.

IT IS ORDERED THAT

The husband shall pay or cause to be paid the app/resp wife periodical payments from (date) of £xxx, bla bla bla.

I can see why the judge has a problem with it if its an undertaking in the recital.

Why don`t you send a cheeky message to one of the solicitors who help wiki?.

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29 Apr 12 #327134 by stressed1
Reply from stressed1
Hmmm, indeed, that is why I have been informed that I have a case for negligence. Every step I take has been a nightmare because my order is not worth the paper it has been written on.
My new solicitor has said that have done me a complete diservice and meanwhile my ex can pull all the shots. So fed up with it all!

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