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enforcing consent order

  • jowilliams43
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09 Jul 12 #342096 by jowilliams43
Topic started by jowilliams43
Hi. Writing on behalf of my partner. He as had an ongoing battle with the ex wife. After years of waiting to get the divorce through and Consent Order stampped, we are still hitting our heads against a brick wall.
As part of the consent order, the house was to be sold, which has now finally been done. But from the proceeds of the sale, the ex was responsible for paying of some of the debts ...... she has not done this. We filled for a enforcement of the consent order, but our problem is that now that she has moved house, we have no way of getting the new address, so she is sitting pretty with £40,000 in her pocket. No one seems to want to help, and we were told that it was down to us to find out where she is. This impossible as knowone will tell us due to confidentiality..... HELP ... what can we do ! The to top it off, after another phone call to the court, they said, they might not doing anything about it .... so whats the point of a legally binding document ??? any help would be great . Thanks

  • LittleMrMike
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11 Jul 12 #342411 by LittleMrMike
Reply from LittleMrMike
This seems strange. I have not seen the order but I will tell you what is normal.
When a house has to be sold, there will be some provision in the order as to how the purchase money is to be applied.
If there is a mortgage, then the first priority is to discharge the mortgage. Then there will be estate agents fees and legal costs and these will have to be paid.
Usually then, what is left will be divided so that Husband gets x% and wife y%.,
Now if the idea was that the proceeds would be used to discharge debts, why did the order not provide for this ?
And if it did, why was your conveyancer not instructed to make sure the debts were paid off ?
Yes, it sounds obvious now, doesn''t it ?
But I really could not advise you definitively without seeing the order itself.

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