enforcement order - divorcee - FR order not completed

KKT2

Hi
I'm looking at enforcing a financial order, using the D11. I'm not able to afford a solicitor, so completing it myself. 
The financial order was submitted in 2017 and re-addressed in 2020, and there is a section that the Ex (Respondent) has not fulfilled, namely to remove me from the joint mortgage, by either sale or re-mortgaging. I have no financial interest in the property, but while I remain on the mortgage, I am held accountable on any credit file when payments are missed or late!

There a few baffling questions, can anyone advise what is the correct answer for these below

3) What order are you asking the court to make and why?
4) Are there any reasons why this application should not be dealt with on paper by a judge?
5) Are there any reasons why this application should not be dealt with at a telephone hearing?
6) How long do you think the hearing will last?
7) Is this time estimate agreed by all parties?
8) Give details of any fixed hearing date or period.
9) Does this application need to be heard by a specific judge/level of judge?
11) What information will you be relying on?

1. the attached statement.
2. the divorce/dissolution/nullity/(judicial) separation application.
3. the statement in support of the divorce/dissolution/nullity/(judicial)
4. the evidence set out in the box below

Can anyone assist?

TBagpuss

3) Exactly what it asks. What is the specific order that you want the court to make? e.g. an order for the house to be sold, in order for the mortgage to be cleared, any orders for costs  . It's usual to attach a draft of the order you want , you may need to get proper advice to ensure that you get this right.

4) Again, as it says, Are you happy for a Judge to make a decision based on your application or do you feel an actual hearing is needed.  I doubt that ta court would order a sale based solely on the papers, that's normally for things like asking to adjourn an hearing or amend an order.

5) Again, it's asking whether you think that a hearing needs to be in person or can you do it remotely?  At present, it's fairly common for initial hearings which are mainly administrative to be remote but for hearings where people are actually giving evidence to be in person. 

6) Its harder for you as a litigant in person to consider but think about what you are asking for. IS it something where you will need time to set out the case or the judge and for your ex to respond? OR are you saying the evidence is very clear and the judge only needs 15 minutes to  read and approve the draft?  

7) Presumably, no, unless you have spoken to your ex and agreed the time estimate

8) This is asking about whether there are any relevant timescales , deadline or existing hearing dates which are relevant - so if the application was in existing proceedings you would note that, if there are dates where you would not be able to attend court, give those  

9) some types of cases need a more senior judge , or in existing proceedings a judge may have 'reserved' further applications/ hearings to herself. In this case, no.

11)  You need to identify what evidence you are giving to the court to decide your application. In your case, that would be likely to include a copy of your original financial order and details in the box or a separate statement setting out what has happened , e.g. timescales, and reasons given for the delay , 

Lavendyr

You really do need a solicitor. Many do pro bono work if you have exhausted all other options... https://www.lawworks.org.uk/legal-advice-individuals 

You could start alternatively with the CAB. 

Otherwise maybe try a no win, no fee solicitor. 

tightauldgit

KKT2 said:

Hi
I'm looking at enforcing a financial order, using the D11. I'm not able to afford a solicitor, so completing it myself. 
The financial order was submitted in 2017 and re-addressed in 2020, and there is a section that the Ex (Respondent) has not fulfilled, namely to remove me from the joint mortgage, by either sale or re-mortgaging. I have no financial interest in the property, but while I remain on the mortgage, I am held accountable on any credit file when payments are missed or late!

There a few baffling questions, can anyone advise what is the correct answer for these below

3) What order are you asking the court to make and why?
4) Are there any reasons why this application should not be dealt with on paper by a judge?
5) Are there any reasons why this application should not be dealt with at a telephone hearing?
6) How long do you think the hearing will last?
7) Is this time estimate agreed by all parties?
8) Give details of any fixed hearing date or period.
9) Does this application need to be heard by a specific judge/level of judge?
11) What information will you be relying on?

1. the attached statement.
2. the divorce/dissolution/nullity/(judicial) separation application.
3. the statement in support of the divorce/dissolution/nullity/(judicial)
4. the evidence set out in the box below

Can anyone assist?

I would start by asking you for the specific wording of the order in 2017 with regards to the mortgage. Does it explicitly say that they must sell or remortgage and is there a time limit on it? Does it say something like 'make best endeavours'? 

The questions themselves I think are not that unusual - previous posters have covered them. 

If it's a clear case of the order saying something that hasn't been adhered to then I wouldn't panic too much and worry about representing yourself. I don't think family court is that intimidating to be honest. The worst case scenario is the judge says no. 

If you have the original order then you can probably just copy and paste the text to answer Question 3 if it's clear and specific. Otherwise you might want to add something with a set date or whatever.