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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.

Agreed financial consent order but ex not paying me

8 replies

delboy1984 · 21/06/2025 21:37

Long, long story but essentially my ex and I have mutually agreed a financial consent order which has been signed off by the court. It was signed off by the court back in February but I'm still waiting for settlement. Ex's Mum has lent her the money to pay me my share and pay off the existing mortgage (which she did back in March) but as yet I have received nothing from her. I chased her solicitor last week who said they have done everything they need to do and are just waiting for her to sign it off and that they would contact her that day. I haven't heard anything so I chased again this week and they said they hadn't heard from her still so will chase again.

Surely this can't go on? Surely she can't just sit on the money with no reason for not settling? She has the money from her Mum sitting in her bank account accumulating interest and I am going further into debt the longer I wait for it.

Ex knows I need the money to move on with my life and put down as a deposit for a new house with my new partner which is why she's not forthcoming but how can this go on? How can the solicitors literally say we've done everything and we're waiting for her and it be left for her to dictate when she pays?

Has anyone been in a similar situation and had to apply to court to enforce the order? If so how long does it take and cost? We will need to apply for a mortgage in principle next month but I am worried this will drag on.

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babyproblems · 21/06/2025 21:45

Surely your solicitor can advise you on what happens if she doesn’t pay?? I am assuming there would be interest added to the amount if it is late by XX days but I don’t know that for certain. Honestly call and ask your solicitor as they’ll give you exact answers

hedgingmybets25 · 23/06/2025 06:50

The financial consent order usually states the consequences of not paying. (Paying rent on the ex’s portion of the house / interest / forced sale etc) But you’d have to take your ex to court to get it. Not going to lie my ex husband left in atrocious circumstances and my solicitor was so horrified when I said what if I couldn’t pay him on time he quipped let him take you to court - could take months/a year 😂 (not going to do that obviously)

delboy1984 · 27/06/2025 09:19

babyproblems · 21/06/2025 21:45

Surely your solicitor can advise you on what happens if she doesn’t pay?? I am assuming there would be interest added to the amount if it is late by XX days but I don’t know that for certain. Honestly call and ask your solicitor as they’ll give you exact answers

Thank you!
I am due to speak to my solicitor this afternoon so I'll see what she says.
I suppose I've been putting it off as it costs so much and I've got into so much debt getting legal advice over ex's behaviour it's never-ending. But I need this money otherwise we could potentially lose out on our house (why my ex is dragging her heels)!

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delboy1984 · 27/06/2025 09:23

hedgingmybets25 · 23/06/2025 06:50

The financial consent order usually states the consequences of not paying. (Paying rent on the ex’s portion of the house / interest / forced sale etc) But you’d have to take your ex to court to get it. Not going to lie my ex husband left in atrocious circumstances and my solicitor was so horrified when I said what if I couldn’t pay him on time he quipped let him take you to court - could take months/a year 😂 (not going to do that obviously)

There was nothing in the consent order about consequences of not paying or a deadline (I made the mistake of signing without getting my solicitor to have a look at it first) which I really regret but I've gone into so much debt getting advice I was hesitant.

Oh my gosh, months or years 😭
Any idea how much it would cost to take her to court to force the payment?

Thank you for your advice and I hope your situation gets sorted.

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hedgingmybets25 · 27/06/2025 09:40

I’m surprised there was no deadline - courts don’t usually like that at all and should have kicked it back
Court is going to cost hundred/thousands unless you can apply for legal aid

Mooselooseinmyhoose · 27/06/2025 09:44

As others say usually the consent order would say payment by x date or interest accrues or sale in default.

I would write or get your solicitor to write to her solicitor and say she's in breach or the order pay within 5 working days or you will instigate enforcement proceedings and apply for your costs for unreasonable behaviour.

You really don't need a solicitor to apply for enforcement when the order is final and she hasn't paid. It will only cost you the issue fees.

https://www.kingsleynapley.co.uk/insights/blogs/family-law-blog/how-to-enforce-a-court-order-made-in-financial-proceedings

How to enforce a court order made in financial proceedings | Family Law Blog | Kingsley Napley

When it Matters Most.

https://www.kingsleynapley.co.uk/insights/blogs/family-law-blog/how-to-enforce-a-court-order-made-in-financial-proceedings

delboy1984 · 27/06/2025 11:14

hedgingmybets25 · 27/06/2025 09:40

I’m surprised there was no deadline - courts don’t usually like that at all and should have kicked it back
Court is going to cost hundred/thousands unless you can apply for legal aid

Yes, after I had signed the consent order I spoke to my solicitor (regarding another matter) and she asked to see the consent order. I showed her and she said she was very surprised the court had signed it off as there was no deadline date on it.

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delboy1984 · 27/06/2025 11:16

Mooselooseinmyhoose · 27/06/2025 09:44

As others say usually the consent order would say payment by x date or interest accrues or sale in default.

I would write or get your solicitor to write to her solicitor and say she's in breach or the order pay within 5 working days or you will instigate enforcement proceedings and apply for your costs for unreasonable behaviour.

You really don't need a solicitor to apply for enforcement when the order is final and she hasn't paid. It will only cost you the issue fees.

https://www.kingsleynapley.co.uk/insights/blogs/family-law-blog/how-to-enforce-a-court-order-made-in-financial-proceedings

Thank you!

I will investigate this and ask my solicitor when I speak to her later.
As I've said, I'm so surprised the court signed it off without a deadline date on it. If this is one of the conditions that they usually look for why was it signed off? 🤔

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