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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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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non payment of spousal maintenance

  • maryjane59
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05 Oct 12 #359463 by maryjane59
Topic started by maryjane59
Hi

Thinking of going down the Magistrates court re non payment of SM but after just speaking to a lady at the court not so sure now.

My ex who is self employed but contracts out to large companies - so I''m sure there is a paper trail of his earnings - will definetely try to get this order discharged (I think this would have to be refered back to CC though) or reduced down which could be heard in the Mag. court.
However it seems that the ''statement of means'' for the mag.court is not as comprehensive as the form E and I think my ex could more easily hide money.
Therefore I''m not sure now whether I would be best to keep it in the county court and wondered what is the best way to go about arrears and future payments.
By the way the Final Order is dated 12th Sep. 2011. However the order states
''With effect from the completion of the sale of the FMH the respondent do pay or cause to be paid to the applicant periodical payments of £600pm with the first payment being made within one month of completion....''
The property was sold on 3rd feb 2012 so he is now 8 months in arrears.
Do I need to write to my ex first reminding him of the order and ask if he is prepared to start payments before I apply to court?
This slightly concerns me though as I believe he will jump in first and apply to have SM discharged or reduced. Would I then counter appply for enfocement of arrears and future SM? but how do the court enforce the payments?
My SM is under a court order but not being paid!! I don''t know why it can''t be enforced without me having to go back to court!
Sorry, I''m just getting so frustrated with the whole thing.
If someone could please advise on what they think is the best route and what forms I need to request from the courts.
Thanks

  • dukey
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05 Oct 12 #359464 by dukey
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Rather than bore the pants off you with information you don`t really know, try this, google money claim online, its a county court that enforces existing orders, its far quicker and cheaper than county of magistrates court, i think they charge around £70 and all they need is a copy of the order, have a read, if they can`t help come back and other routes can be explained.

  • maryjane59
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05 Oct 12 #359474 by maryjane59
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Hi Dukey

Thanks
for that. It seems that I can use it to enforce the outstanding debt.

Would I have to apply for one of the following

1. 3rd part debt
2. Charging order
3. Warrant of execution

Which would be the best route for non payment of SM?

Also how would I be able to enforce future SM payments?

Thanks

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05 Oct 12 #359485 by dukey
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If you use money claim leave it to them.

To answer your questions


1. 3rd part debt

This means court can take money from his bank or other liquid assets.

2. Charging order

Means they can take property is he owns and does not pay as per the order.

3. Warrant of execution

Sadly this does not mean they hold a public hanging, i always picture people with soft fruit baying for blood and an executioner with a black mask, what it actually means is they can take his stuff to sell.

The best of those three is a charging order to capitalise the maintenance.

Another option is a committal hearing to have the guy sent to prison for contempt, a bit extreme and seldom used, but very effective when it is.

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05 Oct 12 #359487 by maryjane59
Reply from maryjane59
Hi Dukey

Thanks
for that. It seems that I can use it to enforce the outstanding debt.

Would I have to apply for one of the following

1. 3rd part debt
2. Charging order
3. Warrant of execution

Which would be the best route for non payment of SM?

Also how would I be able to enforce future SM payments?

Thanks

  • maisymoos
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05 Oct 12 #359494 by maisymoos
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I see your point Mary this route may be successful in getting arrears paid, but I expect it will not help with future enforcement? Unless you just opt to let arrears build up and do a online money claim every six months!:blink:

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