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Enforcing a consent order


Dburke024
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Hi,

When my divorce was finalised in 2007 there was a consent order agreed which stated the marital home should be sold and the proceeds split 65% to me and 35% to my ex husband. The house was not in good order and it has took me until now to fully refurbish the house and finally find a buyer. My ex husband is now refusing to sign the paperwork to allow the sale to go through, I am desperate for any help or advice.

Thanks in advance

E

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Hi and Welcome to CAG

 

 

If a party breach a consent order by failing to carry out obligations, then the order can be enforced.

Consent orders are approved by courts, so a breach of one is effectively a breach of a court order - something that courts look very unfavourably upon. Unless there is a good reason for breaking the agreement, the person would be liable to fulfil their responsibilities immediately.

 

It is good practice to send a warning letter to your ex-husband before you report a breach so that you provide him or her with an opportunity to meet his or her responsibilities. Doing so strengthens your position as a reasonable and fair person.

If your ex does not respond, you can report the breach to the court using a D11 form.You might consider obtaining help from a solicitor in completing this form. On it, you state that you think the order may have been breached, and that you would like it to be enforced.

 

At the same time you send the form to the court, you should send a copy to the other party so he is aware that he is likely to face court action.

 

If the case is seen in court, then the party who has initiated the case pays the fees.

If the court finds that there has been a breach, then the person who has broken the order will have to cover the court costs and any solicitor fees of both sides.

 

Either party may represent himself or herself

 

In most cases, if there has been a breach, the consent order will be enforced by the court.The person who has made the breach will be required to comply or carry out the task given to him or her within a certain period of time.

If he fails to do so, the court order will be broken, which is punishable by a fine or even prison

 

Regards

 

Andy

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Obviously you must check the wording of your Consent Order...in that the schedule does not allow any wriggle room.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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