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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Consent order not complied with

4 replies

Sarah1217 · 07/07/2022 10:29

The court signed off my consent order in June, which stated my ex had to give me a lump sum payment within fourteen days of the order. This date has come and gone.

A few days before the deadline I contacted his solicitor to make them aware that I had not received the payment yet, and asked them to let me know if they needed any information from me such as bank details (although he already has them).

I didn't get a reply until a week after the deadline and provided the bank details right away. Another week has passed and I still haven't received the money. At what point do I contact the court and ask them to enforce the order? How long does this usually take?

He's very much the "ask forgiveness rather than permission" type and during our marriage would often take money from our savings to pay off debts from his personal purchases or pay for things like motorbikes, etc hoping he could replace the money before I noticed. I no longer have access to our old joint account (I know, I was stupid to allow this to happen) and I'm afraid he may be continuing this behaviour. He's just bought a house with his new partner and, knowing him, may have used the money to cover expenses, not expecting the consent order to be approved as quickly as it was.

OP posts:
Flerp · 07/07/2022 18:53

He's in breach of his promise to the court. Act accordingly if he's not motivated to do it.

Do you have a term in there to charge interest with failure to pay? Use that if you do.

There's a breach of contract, act accordingly with legal advice. Dont give him grace. Its well known when he signed it. Good luck.

Kimonolady · 07/07/2022 19:29

Hi @Sarah1217, family barrister here. As Flerp says, there are actions you can take. It’s known as the enforcement process.

I suggest you write to his solicitors setting them a deadline for payment (say 14 or 28 days from the date of your letter) and putting them on notice that if payment has not been received by that time, you will be taking enforcement action, and seeking your costs (as well as interest on the lump sum - the standard rate is 8%).

That should be enough to scare him into action, but if no dice, and you have to go to Court, the form you need to fill in is called a D50K. The procedure is fairly straightforward. Good luck!

Sarah1217 · 08/07/2022 14:32

Thanks all. I will contact his solicitor and let them know that I will be taking enforcement action if he does not make the payment in the next few weeks. This is all so stressful but it feels good to know I have some control over the situation.

OP posts:
Flerp · 08/07/2022 16:29

It's what the agreements for! Breach of contract tract in any commercial setting that you could recover costs from, no different here

Good luck. Its horrid you're in that position but we'll done for taking action 😀

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