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Enforcement

  • Stuckinarut62
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09 Jun 22 #519450 by Stuckinarut62
Topic started by Stuckinarut62
I would like some advice about what to do next, in terms of enforcing a final order and explanation of what the process is.

I am so frustrated with the legal system as there appears to be no reprimand or comeuppance for somebody that totally ignores court orders and all communication. I have done everything by the book but my ex-husband has not engaged or complied with anything.

My final hearing was in Mar 2021 (adjourned from Aug 2020), whereby the judge decided to make a final order. My ex did not attend but asked for another adjournment in writing, but the judge was synphatettic and decided no more delays. The settlement was based on a 50:50 split of assets. The order requires the sale of the FMH in which my ex is residing. For the sale of the FMH, the order has the standard phrasing ' as may be agreed between parties or in default of agreement ......the applicant shall have sole conduct of sale.' At all stages of the sale I have kept my ex informed and sought his agreement, but he has not responded or co-operated at all. I have agreed a sale price, chosen a conveyancing solicitor but sale can not progress as my ex-is not completing the required forms for sale and he will not provide vacant possession.

So I need to go back to court but am not clear what I should be asking for, it is an enforcement of the final order, to allow for the sale to progress, but should I be specifically stating next steps for enforcement or will the judge decide that. Ultimately I need him to be evicted from the property and the sale to progress.

It has been a long drawn out process, with my life on hold and financially constrained. I started divorce proceedings in 2017 and the financial proceedings in 2018. I got my Decree Absolute in Jul 2021. I have had five financial proceeding hearings:

First hearing in Feb 2019, which was adjourned as my ex did not complete an e-form and asked for more time
Second first hearing in Jul 2019, he did not attend, so hearing was adjourned Third first hearing in Feb 2020, he did not attend but asked for an adjournment in writing based on ill health, hearing was adjourned. The judge decided that FDR could be dispensed and matters would proceed straight to Final Hearing.
Final hearing in Aug 2020, ex attended and railroaded the hearing that he was not well and was not ready, so asked for an adjournment. Hearing was adjourned.
Second final hearing in Mar 2021- final order made!

I initially hired a solicitor and maxed out my credit cards, for the last final hearing I was LIP and moving forward I will be LIP. So any advice on next steps and how to go about them would be much appreciated.

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