Can proceedings re-open after lump sum agreement? (Family)

[samanthamplified]

Hello,

At the FDR we agreed on a lump sum to settle - not an award by the Court, but an agreement.

He hasn't paid in full, can I request the Judge to re-open proceedings and we proceed to a FH or another hearing or FDR?

Also, since he's broken our agreement as set out in the court order, am I still obliged to adhere to its terms?

Can I, for instance, start a new financial claim since he broke our agreement?

Thanks

I too would struggle to see how you could come away from an FDR with an agreement but not a court order.

To clarify it was an agreement in a court order - but he's broken the agreement

What do you mean an agreement in a court order? Can you post the precise wording?

Court order wording:

And upon the parties reaching an agreement in the following terms:
1...2...3...4...5...

It is ordered that:
1...2...3...4...

1. There shall be liberty to apply to the court in the event that the said lump sum payment is not made.

1. Upon compliance with this order there shall be no further order; the application having been determined by the Court

.....but..... you haven't actually posted the wording that says he has to pay you a lump sum. Is it in one of the paragraphs 1,2,3 or 4 (the second lot)?

I have to say that the para 4 in your last post timed at 15:22 looks badly worded.

Hi,

Sorry I'll clarify (just scared to put it all on here):

And upon the parties reaching an agreement in the following terms:
1...2...3...4...5...

It is ordered that:

1. The Respondent shall pay a lump sum payment of XXX to the Applicant by XXXX. If it is not paid by the due date, then it shall attract interest thereupon at the judgement rate.

2...3...

1. Upon compliance with this order there shall be no further order; the application having been determined by the Court

1. There shall be liberty to apply to the court in the event that the said lump sum payment is not made.

--

Also, I'm sure the Judge said something about the matter being reopened, can't remember exactly

So it was an award of the court. You can't reopen the order. You enforce the lump sum.

Thanks!