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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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Spousal Maintenance

  • maisymoos
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07 Sep 12 #354494 by maisymoos
Topic started by maisymoos
Following Court order back in February. Spousal maintenance is currently 1k in arrears, not paid on right day, not paid into right bank and no standing order set up, plus he appears to be of the opinion he can pay in arrears!! All these aspects are defined clearly in Court Order.

How long should I leave it before I do something about it?

I was thinking of writing a solicitors letter first but if that doesn''t work I suppose I have no option to return to court and probably will end up having to spend half the money I am owed trying to get the order enforced. What are the chances I will be awarded costs in this situation?

  • dukey
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07 Sep 12 #354501 by dukey
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You''ve been around long enough to be able to handle this yourself now, your right the cost will outwiegh the gain if using a solicitor, so don''t, if he owes money file the D11 yourself.

As you know not paying on a certain day makes no odds, even when enforced he must be a month late before you can enforce what was enforced, sounds mad I know.

Rather than write a letter from a solicitor write it yourself and as always end it recorded, as for costs it''s an unknown yes you can ask but there is no way of knowing if the judge will agree.

Do it yourself, you know the game by now.

  • Fiona
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07 Sep 12 #354509 by Fiona
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Sometimes though a letter from solicitor is effective and has the desired effect. One or two letters don''t cost a huge amount and then you can decide to represent yourself if you want.

If your ex is PAYE an attachment of earnings order would ensure payments were made regularly. It''s quite possible a judge would make a costs order, although it''s unlikely you would recoup all the cost.

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10 Sep 12 #354922 by toystory
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I was in court recently for non-payment of maintenance. Like you I have a court order for maintenance to be paid monthly by standing order. I have received nothing since April. My ex moved to Asia within weeks of the Consent Order being drawn up and has left his children and myself penniless even though he earns well over 100k.
I put in an order for enforcement and at the final hearing the judge ordered that a charging order be put on his property in the UK. I will have to go back to court to force the sale of this property and I imagine he will do everything he can to prevent that. Still haven''t received a penny. Judge also ordered ex to pay £100 in costs. It''s definitely a long haul - but don''t give up - an enforcement hearing is what''s necessary, you can represent yourself to make it worthwhile and will hopefully make your ex see sense.

Good luck!

toystory

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14 Sep 12 #355781 by Cherub3
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Urgh - how irritating!

Maisymoos

Wrong time, bank account and late??! Yikes. I am assuming you have done your best to explain to him why paying on time, to the right bank account and the right amount is important and it''s got you nowhere.

A friend of mine has been having this issue for the past 8 months and she made the mistake of spending unnecessary amounts on solicitors letters, in the end she filed things herself. She said it was a bit daunting at first but after a few goes her ex fell in line...

She also, like Toystory managed to get her fee for the enforcements returned to her.

Fiona''s suggestion is a good one too I think.

Toystory - your ex left and just stopped paying without any communication to you? Well good for you for going to court, I assume when he heard the judge hand down the order on his property it will, as you said, make him see sense.

I haven''t heard of a charging order on a property, why did the judge order that instead of Fiona''s suggestion?

Good luck Maisymoos

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14 Sep 12 #355842 by toystory
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Hi Cherub,

the order was made against his property as that is the only UK asset that I know about. He fled overseas as soon as the settlement was finalised and has basically not paid a bean. How can someone do that to their children is beyond me. He has just told me he''s now going to court to vary the amount downwards. God knows how the judge will react to that one. Still haven''t received a penny from him for the kids.

Any ideas?

  • NoWhereToTurnl
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14 Sep 12 #355852 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi Toystory,

My ex stopped paying and was in arrears, I applied for enforcement, he then applied for variation.

Both parties have to give full financial disclosure via form E

At the first hearing in June he was ordered to reinstate payments and given 7 days to pay arrears in full.

This is worth a read, he might get a shock, variation is not for the faint hearted and could cost him dearly!

www.thomasmore.co.uk/ImageLibrary/Capital%20City%20Notes.pdf

Hope it goes well, I am awaiting a date for FH and will post the outcome afterwards.

Best wishes,
NWTT.

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