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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.

Breached financial order

5 replies

exhusbandsaknob · 28/02/2023 07:10

Has anyone's ex breached the financial court order and what did the judge order for enforcement please? It's for taking my names of mortgages for property he is keeping and a lump sum of money.

I'm wondering also if he gets fined do I get the fine money or does it go to the court? Thanks

OP posts:
BetterFuture1985 · 28/02/2023 17:52

Depends what the court order says. If it's best endeavours to take you off the mortgage then it is barely worth the paper it is printed on.

exhusbandsaknob · 28/02/2023 21:29

That's depressing but thanks!

OP posts:
Mari9999 · 01/03/2023 00:15

Your mortgage is a contractual agreement between you and the lender. The mortgage is not an agreement between you and your ex; nor is it necessarily an agreement over which the court necessarily any authority.

BetterFuture1985 · 01/03/2023 13:14

exhusbandsaknob · 28/02/2023 21:29

That's depressing but thanks!

If there are no children it should still be possible to go back to court and force a sale if it is "best endeavours." If there are children though and they live with him, these orders are horrid and easy to abuse until the children turn 18. Unscrupulous ex-spouses all too often use them like Mesher Orders without the downside.

isthistheendtakeabreath · 01/03/2023 14:00

What Does your financial order say? I'm the one who has to pay ex out in a couple of years time and remove him from the mortgage.

My consent order says that im liable to pay him rent for his share if I don't pay by the deadline.

Solicitor also said though the date in the consent order doesn't mean that a day later bailiffs will be at my door if I don't pay it (obviously no intention to do that!) and ex would have to take me to court which could take several months (18 months I was quoted) so if I haven't quite got the remortgage completed/sale completed by the date specified then his solicitor would advise him not to be too hasty anyway if it was just going to be a couple of months?

But if it did go up in court the judge would take a dim view of it since I signed the order agreeing to the amount and deadline date

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