Enforcing a financial remedy court order? (divorce)

parkliving

My ex is refusing to comply with one of the items on a financial remedy court order which was made several months ago.
He is to sign over his part in the family home to be - as he kept all the cash (lots) and pension (lots) I got a fairly small split, but was happy to, to finish the court process and get on with my life.

He is now refusing to do this, due to his bitterness that I finally got away (it was a long and abusive marriage - but I don't qualify for legal aid - I've tried) and because the wording (which we all signed in court) isn't a tight as it could be - although there it is no doubt he is not to have any equity in the house, and I am to have it all.
He must be rubbing his little hands with glee at the chaos the pandemic is causing (yes he is really that bad) and that fact that my job (like most people) is in jeopardy - I therefore am now in danger of losing the ability of getting a mortgage. I wrote a lengthy letter to the court, attaching his letter to me refusing to do what was in the court order....the courts reply:       “ The Petitioner has already been advised that the court cannot give Legal Advice. These matters are matters that must be resolved between conveyance solicitors. The Consent Order is a straightforward, standard order and there should not be any difficulty in its’ implementation.”     

Obviously I know its not difficult, I just need his signature on the form he was given by the conveyancing solicitor, but he has refused to do this.

Anyone know what I can do?
Do I actually need a court date to have the judge hold him in contempt of court for not signing over the house as all the other conditions on the court order have been meet?
The system is a joke, I have spent so much time and energy over this divorce, and for him to do this in the midst of a pandemic, when I'm terrified about the safety of my loved ones and humanity, show what kind of person he is, you can't reason with him.

parkliving

Sorry the above is a little rant-y its been a long sleepless night and I have been working double-shifts (social distanced) at work to try and keep my small business afloat.

thorsoak

In your circumstances, I would contact your local Womens' Aid - they will have good legal advisors who may be able to guide you. 

parkliving

I've tried Women's Aid, they were great at emotional support, but they can't help me with legal advice. (I'm not at risk now - thankfully).

[Deleted User]

Have you tried Wikivorce for advice.., they have a forum https://www.wikivorce.com/divorce/Divorce-Advice/General-Divorce/

AliasOmega

parkliving said:

My ex is refusing to comply with one of the items on a financial remedy court order which was made several months ago.
He is to sign over his part in the family home to be - as he kept all the cash (lots) and pension (lots) I got a fairly small split, but was happy to, to finish the court process and get on with my life.

He is now refusing to do this, due to his bitterness that I finally got away (it was a long and abusive marriage - but I don't qualify for legal aid - I've tried) and because the wording (which we all signed in court) isn't a tight as it could be - although there it is no doubt he is not to have any equity in the house, and I am to have it all.
He must be rubbing his little hands with glee at the chaos the pandemic is causing (yes he is really that bad) and that fact that my job (like most people) is in jeopardy - I therefore am now in danger of losing the ability of getting a mortgage. I wrote a lengthy letter to the court, attaching his letter to me refusing to do what was in the court order....the courts reply:       “ The Petitioner has already been advised that the court cannot give Legal Advice. These matters are matters that must be resolved between conveyance solicitors. The Consent Order is a straightforward, standard order and there should not be any difficulty in its’ implementation.”     

Obviously I know its not difficult, I just need his signature on the form he was given by the conveyancing solicitor, but he has refused to do this.

Anyone know what I can do?
Do I actually need a court date to have the judge hold him in contempt of court for not signing over the house as all the other conditions on the court order have been meet?
The system is a joke, I have spent so much time and energy over this divorce, and for him to do this in the midst of a pandemic, when I'm terrified about the safety of my loved ones and humanity, show what kind of person he is, you can't reason with him.

Hi,

To enforce the consent order, its back to court. This link will help - https://www.gov.uk/looking-after-children-divorce/change-or-enforce-an-order

The information starts half way down the page. Its all just games, they are pretty boring. Dont react to it. You have the paperwork to say that you have "won" already. The next step is getting a judge to sign it on his-behalf, and then award you costs for him to pay.

Enforce an order

If your ex-partner is not following the order, you can ask the court to enforce it. Follow these steps.

1. Fill in form C79 to apply - read guidance CB5 if you need help.

2. Use form C78 to attach a ‘warning notice’ if your order was made before 8 December 2008. Orders made after this date will already include one.

3. Send it to the court nearest to you that deals with cases involving children. It costs £215.

The court will look at the facts again to see if anything has changed.

If the court enforces the order

Depending on your situation and what you’ve asked the court to decide they might make:

• an ‘enforcement order’ - this means your ex-partner has to do between 40 and 200 hours of unpaid work
• an ‘order for compensation for financial loss’ - this means your ex-partner has to pay back any money you’ve lost because they did not follow the order (for example if you missed a holiday)

You can go back to the court if your ex-partner still does not do as the court ordered.

Alias_Omega

Sorry, i should have posted it from this account. Ive no logged in for a whilst and forgot the details.
If you get stuck, give me a poke, i am going through the Consent Order process

pphillips

The simple answer to you question is that, if he fails to execute the transfer documents, the court has power to order that the transfer documents are signed by another person on his behalf.

pphillips

AliasOmega said:

parkliving said:

My ex is refusing to comply with one of the items on a financial remedy court order which was made several months ago.
He is to sign over his part in the family home to be - as he kept all the cash (lots) and pension (lots) I got a fairly small split, but was happy to, to finish the court process and get on with my life.

He is now refusing to do this, due to his bitterness that I finally got away (it was a long and abusive marriage - but I don't qualify for legal aid - I've tried) and because the wording (which we all signed in court) isn't a tight as it could be - although there it is no doubt he is not to have any equity in the house, and I am to have it all.
He must be rubbing his little hands with glee at the chaos the pandemic is causing (yes he is really that bad) and that fact that my job (like most people) is in jeopardy - I therefore am now in danger of losing the ability of getting a mortgage. I wrote a lengthy letter to the court, attaching his letter to me refusing to do what was in the court order....the courts reply:       “ The Petitioner has already been advised that the court cannot give Legal Advice. These matters are matters that must be resolved between conveyance solicitors. The Consent Order is a straightforward, standard order and there should not be any difficulty in its’ implementation.”     

Obviously I know its not difficult, I just need his signature on the form he was given by the conveyancing solicitor, but he has refused to do this.

Anyone know what I can do?
Do I actually need a court date to have the judge hold him in contempt of court for not signing over the house as all the other conditions on the court order have been meet?
The system is a joke, I have spent so much time and energy over this divorce, and for him to do this in the midst of a pandemic, when I'm terrified about the safety of my loved ones and humanity, show what kind of person he is, you can't reason with him.

Hi,

To enforce the consent order, its back to court. This link will help - https://www.gov.uk/looking-after-children-divorce/change-or-enforce-an-order

The information starts half way down the page. Its all just games, they are pretty boring. Dont react to it. You have the paperwork to say that you have "won" already. The next step is getting a judge to sign it on his-behalf, and then award you costs for him to pay.

Enforce an order

If your ex-partner is not following the order, you can ask the court to enforce it. Follow these steps.

1. Fill in form C79 to apply - read guidance CB5 if you need help.

2. Use form C78 to attach a ‘warning notice’ if your order was made before 8 December 2008. Orders made after this date will already include one.

3. Send it to the court nearest to you that deals with cases involving children. It costs £215.

The court will look at the facts again to see if anything has changed.

If the court enforces the order

Depending on your situation and what you’ve asked the court to decide they might make:

• an ‘enforcement order’ - this means your ex-partner has to do between 40 and 200 hours of unpaid work
• an ‘order for compensation for financial loss’ - this means your ex-partner has to pay back any money you’ve lost because they did not follow the order (for example if you missed a holiday)

You can go back to the court if your ex-partner still does not do as the court ordered.

This is about child arrangements, nothing to do with property transfer!