General Form of Order-Ancillary Relief

[TeenageWildlife]

Above form is from 2004

One of the points states that my ex pays me a sum (in 2004) - this was not done. (Call this point A)

Another point says that I shall pay his family's trust a sum - at future date.
(Call this point B)

As point A was not carried out, do I have any leg to stand on now that point B has been called in.??

also, if I can now ask for point A, can I ask for that sum to paid in what it's worth in today's money -?

Thank you

[TeenageWildlife]

Any help most appreciated, thanks

[Collaborate]

The court has no power to order you, within divorce, pay a 3rd party (the trust). How was this part (part B) of the order phrased?
Why haven't you enforced part A?

[TeenageWildlife]

Thanks for response. V complicated, this is like a pre nup thing whereby I unwittingly signed a "loan". This is now repayable.

I didn't ask ex h at the time for the money as he was also supposed to put all the bills into my name, but he continued to pay them. Also, after a protracted and very expensive divorce, I was completely finished and in no state to pick ip on any of this.

Even though the amount of money he was supposed to pay me was only 6k, and only for one year and the amount I now am being asked to pay is 40k., I wonder if they can enforce one pRt without the other part being done, also didn't persue him for child maintenance as he was out of work and living of this same trust.

I could now ask him for thT 6k in writing, index linked? I don't know what to do

[Collaborate]

I still don't understand. Was it a loan? Who do you owe it to? Are you solely liable under the terms of the loan?

What precisely did the order say about this? Was it actually in the main body of the order or was it in the preamble?

I would need the actual wording (suitably anonymised).

[TeenageWildlife]

I haven't got the order at this moment whilst I type - but I can say that it was all brought about by possibly the most powerful family law firm in Europe - who hold the Ex's trust, so it will be 100% correct. the "loan" was money given to him, to avoid tax it was made to look as a loan. Upon divorce they wanted this back. We then (after spending ££££) agreed that I would pay this back when youngest finished education - which is soon.

so now I ask my original question... (as above)

and also, shall I now ask him for the 6K, index linked before responding to the trust?

I have received no maintenance and he has probably had the children for 60 days out of the last 12 years, and of that probably only 21 nights.

Do I have any leg to stand on, do you think?

Thanks again

[Collaborate]

I presume this was an undertaking you gave to the court.
Your ex is the only person who can enforce this. I suspect the court won't enforce that part of the undertaking that equals what he owes you including interest (simple interest at 8%).
But that's just an inkling I have.
I suggest that you calculate what he owes you and deduct that from what you have to pay the trust. This advice though is given without having sight of the order. I presume the order is by way of indemnity to your ex. He would therefore be primarily responsible for the debt.

[TeenageWildlife]

Thank you. Will write again tomorrow when I can give you the wording.

[TeenageWildlife]

have the document now - there are some pages of definitions, and this £40k is then referred to as Charges

4) The Trustees agree in respect of the said Charges that

a) such charges do not carry interest;

b) such charges shall not become exercisable until the first to occur of the yougest child of the family attaining the age of 18 years etc etc or the death or bankruptcy of the petitioner

5) The said Charges shall be transferable to any other property purchased by the Petitioner provided always that the Trustees consider that the property purchased provides sufficient security for the said charge.

AND UPON the Respondent agreeing and undertaking to the Court
6) To pay to the Petitioner for the benefit of the children the sum of £3000 per annum for each child (that being £6000 in total) for one year. Sucn sum shall be paid monthly in advance by standing order starting on 1 March 2004

[RandomMess]

It does read like because he didn't pay the £6k then the charge can not become exercisable.

You need a very specialist solicitor by the looks of things!!!

[TeenageWildlife]

Oh RandomMess really? Why is that?

[Collaborate]

Forget what I posted earlier.

It's not your debt, but presumably a property you own is held subject to a charge to secure that debt.

You must repay the debt when it is due otherwise the trustees can enforce the charge. Whether or not the order makes any other reference to who is actually responsible for the debt only you can say.

[Collaborate]

Don't know where RandomMess gets that idea from. The 2 provisions are quite clearly not linked.

[TeenageWildlife]

the charge and the debt are the same thing, so I don't know what you mean?

Also, shall I ask him for the £6K now before dealing with terms in which to repay the charge?

[Collaborate]

The charge and debt are not the same thing. It will help with your understanding of your situation if you can get your head around this.

The debt is owed from your ex to the trust.

They have taken security for the debt by taking a charge out on your home. Presumably at the time it was either owned by your ex or owned jointly.

This property was ordered to be transferred to you probably "subject to all existing charges" or similar. You may have also undertaken to indemnify your ex in respect of the debt to the trust.

You'd have to set out these other parts of the order for me to comment further. PM me if you think you might be otherwise identified.