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Help ! My Ex husband has refused to pay the court

  • iola
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14 Mar 14 #425885 by iola
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I finally got a Decree Nisi after much huddle with my ex husband and the court has ruled that he pays me the initial court fees of £400 but he has refused to respond to the order. What do I do now? Do I need to apply to the court again for him to pay the money?
Your advice will be really helpful.
Many Thanks

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14 Mar 14 #425889 by bulldog
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My ex husband also refused so when I sent our Consent Order to the court for sealing along with my application for Decree Absolute I also enclosed a letter stating he had not adhered to the court order and can they enforce it. They then wrote to us with a court date. We both attended where he was ordered to pay the amount in full within 14 days...which he did

Hope that helps

Bulldog

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14 Mar 14 #425891 by sulkypants
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Yes make an application to the court to enforce the order there is a fee which he will be ordered to pay in think it is £90.

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14 Mar 14 #425892 by iola
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Thanks Sulkypants, what application form do I use for this and do I have to pay court fees again? Will this fee be covered in the final payment?

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14 Mar 14 #425893 by sulkypants
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Just take a copy of your sealed consent order to the Boyer and ask the clerk which form you need they are helpful if you self rep ask for the fee to be added to the application.

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14 Mar 14 #425897 by iola
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Thanks bulldog. Just a quick question. Consent order, financial order and decree Absolute, which comes first? Can I apply for all at the same time? I understand that your consent order must be written by a solicitor, is that true? What happens to the Ancillary Relief order/financial order? Will I still be able to apply for a financial order after my submission for a decree absolute?

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14 Mar 14 #425900 by sulkypants
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An application for ancillary can be made at anytime pre divorce he may be prepared to pay this if he has the funds to do so or be ordered by the court.

You should try using mediation to sort out financial issues and your consent order needs to be drawn up by a solicitor as the wording is very important There are good ones on here that can do it for a fixed fee.

Although you can apply for you Absolute before the finaces are resolved it would be a bad move to do so as you would possibly leave yourself in a vulnerable position re widows right or losing them.

I do suggest you read the guides on here which breakdown how you go about obtaining these things step by step and be prepared for the fact it is a slow process not to be rushed

As you are only at the very beginning of this you first need to contact your local mediation service if at all possible to save your costs they will invite your ex to attend. You will at least discover if he is going to co operate.

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