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Enforce a Consent order

  • LurcherDad
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30 Jun 22 #519528 by LurcherDad
Topic started by LurcherDad
I have a Consent Order from my divorce which becomes applicable in June 2023 when my son will be 21 and will have completed his university course.
My ex isnt going to play nice -she never has- and wont be volunteering to pay me the % of the market value of the former marital home that is detailed in the consent order. How do I go about applying for/enforcing the consent order? I plan to self rep, I did so right through the divorce and financials. Anyone know what I should do first, and when? Thank you

  • hadenoughnow
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02 Jul 22 #519543 by hadenoughnow
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The first step would be to write a formal letter, enclosing a copy of the Order and setting a deadline for getting valuations etc. You could also ask if she is in a position to buy you out.
Give a clear deadline for response.
If she does not respond send a second letter saying that if she does not cooperate with the sale as ordered, by x date, you will apply to court for enforcement and for costs to be awarded against her.
The letters (with proof of receipt) can be used as evidence.

Hadenoughnow

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01 Jul 23 #521369 by LurcherDad
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[justify]Thanks very much Hadenoughnow.
Well I wrote a formal letter as you advised - setting a deadline, enclosing a copy of the order and offering her the chance to buy me out - She replied saying that she had her own copy of the order and she couldnt see any date for when it would become applicable *rolls eyes*, and that she would be consulting a solicitor ‘in due course’ and that she wanted me to write directly to them - whoever they are…..
The order is quite clear, son is over 21 now and has finished his uni course which is pretty self explanatory to me.
I will write back again -to her- and state that if she doesnt cooperate I will apply for enforcement and for costs to be awarded against her.
After that gets ignored or replied to with her usual rubbish *rolls eyes again* I take it I use the D11 form? I cant work out the fee, is it £275 and to I need any other forms? Will I have to go to court again? I live about 350 miles away so its difficult to just take a day off and fly/drive there for an hour or so.
thanks in advance for any reply.
[/justify]

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01 Jul 23 #521370 by LurcherDad
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Also, the court where the previous hearings took place has closed down, how do I find out where to apply to?
Thanks again

  • Carlsberg71
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01 Jul 23 #521372 by Carlsberg71
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I’m in the same position. My consent order conclusion is just over a year away, and I’m pretty sure my ex won’t just be sending me a payment on the date!! My action is to get a solicitor to write the first letter, as I’m sure it will carry more clout than one from myself. Hopefully they will also set out dates etc for her to adhere too, however, I’m sure by the sound of it, our exes are cut from the same cloth!! Please keep this updated as I’ll be following this thread. Good luck.

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04 Aug 23 #521529 by LurcherDad
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Well! After getting her noncommittal reply, she went to a Soliciter who must have advised her to comply as they wrote stating she was obtaining valuations etc. after another month with no valuations I wrote again stating that unless she produced valuations by my deadline date I would apply to the court to enforce the Order and assured her that her solicitor would be able to advise her on what the courts can do to enforce the Order.
her solicitor wrote back with valuations and a perfectly reasonable offer. I am - quite frankly- stunned! Watch this space…..

  • hadenoughnow
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05 Aug 23 #521533 by hadenoughnow
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Thank goodness she's had some sensible advice. Fingers crossed it all gets sorted now.

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