Consent order - enforcement of?

[jenny99]

Hi...any advice would be appreciated. I am going through a divorce, and we have a sealed/signed Consent Order (is that the correct terminology?). This was dated 12th December, and the things in it that we agreed to - transferring mortgages/ savings / car ownership etc, were to be done within 28 days of this Order being signed. We are now past that date (unless bank holidays don't count?). I have kept to my side and done the things I was meant to do, but my stbx hasn't. What can be done about this? It seems silly/pointless/expensive to go to Court - but how can this be enforced and what is the point of having a sealed Order if he doesn't respect it?

Any help welcomed. Thank you for reading x

Is he still represented? If you no longer have legal representation you are well within your rights to deal directly with his solicitor, he/she cannot give you legal advice though.

If I were you I'd pop into a solicitors that will offer you a free consultation (usually lasting 20/30 minutes) and they will point you in the right direction. Otherwise you may have to issue an application at court to enforce the Order, he will most likely have to pay your costs if he is the one that is messing you about, but this isn't always the case. Hope that helps.

If he refuses to do it it will need to go back to court & a judge can authorise the transfer of house etc. Happened to my friend but ended up costing her quite a bit more money!

Thanks for your replies.

I don't think it is a question of him refusing, just of him dragging it out. What's the point of having a Court Order and a date if there is nothing to make him stick to it, without spending more money!

It seems to make a mockery of the system?

What part of the order do you need to enforce?

That he hasn't done things he was meant to do yet - transfer the car into my name....'cash in' some investments and split with me, change signatory details on the children's bank accounts. He just hasn't dealt with it because he always procrastinates, and it isn't anything life threatening, or urgent, but it seems silly to have a Court Order, which in effect, means nothing?

The court order does mean something. It means that you can get the courts to enforce it if he refuses to comply. If you have to go down that route you will be able to reclaim your costs from him.