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Clean break divorce financial payment - problems

(16 Posts)
whojamaflip Sun 22-Jan-17 20:27:29

Clean break divorce financial payment ordered by the courts due end of the month - if not paid then property is to be sold to free up the money due.

Ex has stated in text message that they will not be making the payment and that the property will not be sold and there's nothing that can be done to chance this.

Am I right in thinking this puts them in contempt of court? What happens next? Will the courts pursue it or will the aggrieved party need to get back to their solicitor and start further proceedings?

The payment date hasn't arrived yet so this could all be another way of ex trying to cause trouble sad but judging by past experience they think they are above the law angry

reallyanotherone Sun 22-Jan-17 20:30:39

Afaik it can be enforced, and the payment will accrue interest until it's paid.

I'd show the solicitor the text, and get them to speak to the other party's legal team.

traviata Sun 22-Jan-17 20:36:46

the courts don't initiate enforcement, it's up to the other party to apply once the date has passed.

prh47bridge Sun 22-Jan-17 23:41:44

As traviata says, the courts don't enforce automatically so it will be up to the aggrieved party to take action. If the ex seriously believes there is nothing that can be done to force the sale they are in for a rude awakening.

MrsBertBibby Mon 23-Jan-17 08:11:28

Do remind them, interest on the lump sum (assuming it's £5K or more) runs at 8%, added daily.

whojamaflip Mon 23-Jan-17 09:36:03

8% per day - really???

That's going to be in the region of £4000 a day then shockgrin

If that's true it's going to concentrate the mind somewhat!

Just have to wait until the end of the month before instructing the solicitor - hoping they are only bluffing - surely no one can be that self absorbed to think they can ignore the courts?

MrsBertBibby Mon 23-Jan-17 09:38:13

No no, 8% per annum! But you work out what that is per day, and add it for each day late.

mumblechum0 Mon 23-Jan-17 09:40:35

No, Bibbety means 8% pa but accruing at a daily rate.

The enforcement procedure is an order for sale and the court can, if absolutely necessary, sign the contract and transfer deed if the ex doesn't. Sounds weird I know and I only ever saw that happen once in the late 80's so it may be different now.

MrsBertBibby Mon 23-Jan-17 09:42:49

That's still the method, but get your solicitor to make sure you do it right, your next step depends on the precise wording of the order you already have.

whojamaflip Mon 23-Jan-17 09:43:15

Fair enough - thought it was a bit high!grin

Even so knowing the person it will seriously piss them off if they have to pay more out!

Do you have any idea what the time scales would be if they do default and it has to go down the legal route? And how does it work if a sale of the property is forced by the court? It was put into the court order that if the cash wasn't forthcoming, the property would have to be sold.

whojamaflip Mon 23-Jan-17 09:44:31

Oops x posts - thank you - will have a word with the solicitor today just to give them the heads up.

MrsBertBibby Mon 23-Jan-17 09:57:35

Probably worth getting them to write with a reminder of the consequences of late payment....

whojamaflip Tue 31-Jan-17 11:12:58

Update - they paid up in full!!!!! And in time as well!!

So that's the final line drawn and all will be well 😀

Twistmeandturnme Tue 31-Jan-17 11:16:23

grin excellent news.

MrsBertBibby Tue 31-Jan-17 14:11:01

Good stuff.

MelOrSue Wed 01-Feb-17 13:32:42

Great news. thanks

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