I got divorced in Sept 2010 and had to take steps to buy my husband out of the house. There is an agreed Consent Order with the court stating that I pay my husband monthly cash installments (which I''ve done) with the final installment of £5000 being paid in Sept 2012. Due to the slow process of remortgaging (to withdraw equity from the house) I am not going to be able to make the final installment on the date which we agreed. Can anyone advise me what to do as I''m so stressed by this situation? I can make this payment it''s just it will be delayed by 1 or 2 weeks. Will it be worth the cost or time to him to take me to court? I haven''t mentioned this to him yet, as we barely speak but it would be good to know what action he can take. Many thanks.
I''m going to have to contact him but I fear that as I instigated the divorce and he''s very bitter he will decline instantly just to be difficult. I wanted to prepare myself for the worst or at least be informed of the proces of enforcement of consent orders, but I''ve searched high and low on the internet and theres no info about the cost, how to do this or timescales etc. I thought if i had this info to give him (especially if it would be expensive and would take longer than the short delay for the money) he may agree but without this info I cant persuade him to wait.
Yes, let him know the circumstances and TELL him that it will be 2 weeks late. Not to ask his permission or to be polite to him, but to protect yourself! You''re not his solicitor, it is not for you to tell him whether or not it''s worth taking court action or what the process and costs are. So simply tell him that it will be a bit late and why.
Court action would take longer than 2 weeks anyway, by which time you would have paid him. But if he did take court action then you could potentially be liable for interest on the amount (8% per annum, which is not a lot for 2 weeks!) but the bigger issue would be his costs. If you send the letter saying it will be 2 weeks late, that should protect you from a costs claim.
So this letter is not just a courtesy it is essential! Send it recorded delivery!