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A Guide to Court Orders

By: Abigail Taylor - Updated: 24 Jan 2017 | comments*Discuss
 
Court Order Debt Children Small Claims

A court order is an official judgement or ruling given by a judge. A court order can be final (at the end of a hearing) or interim (until a final order can be made). What is in the order depends entirely on the case presented to the judge. Here are some examples of different orders available in a family law case:

  • residence order - ruling on who a child will live with.
  • contact order - ruling on who has a right to see a child, often detailing how often and when.
  • specific issue order - ruling on a specific issue raised with the court (e.g. can a child by circumcised).

How Do I Apply For a Court Order?

You will need to fill in the correct court form. This varies depending upon the type of order you want, but all forms can be downloaded from Justice.gov.uk For most family law disputes, this form is called C100, however there is a list of forms on the website, or all family forms can be found here.

Most forms have guidance leaflets or checklists to assist you in filling them in. Use these carefully, as if your form is not filled in correctly, it may not be processed.

Once you have completed your form, you need to send it back to your local county or family court. There is usually a cost to file your form. You can check the exact cost with your local county or family court. A debt claim usually costs about £70, but a family order application could be as much as £200.

My common law partner and I split in February last year. Since then he has left me with all the debts/Bills he didn't pay when we were together. He put my name on all the household bills as well as his without my permission. He was the sole earner and responsible for all the bills etc. I now have the bailiffs onto me and as I am on benefits I cannot possibly afford to pay off the debts. Can I take him to a small claims court at all?

You may be able to ask the court to decide issues relating to division of assets / debts. They can also determine who is responsible for bill payments etc. However be aware that the courts do not have the same ability to award assets from one party as they can upon divorce, if you are not married. The court can only divide the assets / debts of an unmarried couple by determining who they actually belong to. If the debts are occurred in joint names, you will both be responsible for the whole sum of the debts. This means that the utility companies can unfortunately pursue you for the whole amount. You may be best in the short-term to try to agree a payment plan with the utility companies.

Do I Need Legal Representation?

I need to get a court order lifted but don't know how without losing all my wages with a solicitor. Is there any way we can get into court without going through a solicitor?

You do not need a solicitor or legal representation to make or obtain an order. However, particularly for family law orders, this is often advised, as the forms and procedure can be quite complicated. The judge also has discretion to order something that you have not applied for, so you need to consider family law orders as a whole, rather than just the order you are applying for. A court order may affect your / your child's life in a way you had not thought about, so it always worth discussing the plans to apply for an order with a solicitor first.

You may be able to get free legal advice from your high street solicitor, or the Citizen's Advice Bureau, so if you are worried about the cost of getting legal advice, investigate this option! You can contact your local branch of the Citizen's Advice Bureau Citizen's Advice Bureau or call 08444 111 444 for assistance.

How Do I Enforce An Order?

There are various methods of enforcing orders, and which method is best depends upon the original order and the status of the parties in relation to each other.

For example to enforce a money judgement, you may wish to:

  • a) have a warrant of execution (which can essentially end up with bailiffs collecting money / possessions to sell to satisfy the order).
  • b) You could however also ask for an attachment to earnings if the debtor has no valuable goods but works. By this method, part of their wage would be paid to you monthly. However bear in mind that this is not likely to be a high amount, and so it may take months / years to be repaid, and payments will stop if the debtor becomes unemployed.
  • c) Banks often ask for a charging order against a Property. This does not result in any immediate money, but will mean that once the debtor eventual sells their Property (if for example they move house), the money will be collected, along with interest, in a lump sum.

You do not have to enforce a judgement in the same court that the original order was made, but if you wish to use a different court, you will need to apply to the original court for the case to be transferred. Transfer requests are often approved on the basis, for example, that parties have relocated to a different part of the country.

I have a financial court order in place to sell my house. My ex and I are separated now for over 2 years. I took her to court in October to try and get the house sold. Agreed on 75% (her) and 25% split. She is still not happy about this and is dragging her heels saying she hasn't found anywhere to live. I know on top of this she can borrow up to £150,000 on her 16 hour a week salary. But, I know that she isn't even looking. I have my children every other weekend and live in a flat. Have just had another child and really need to move for the space. She says tough. What can I do I feel that I have not progressed anything by taking her to court she is now going to say all the time that she hasn't found anywhere to live. I pay the mortgage on the property until sale. At wits end. Should I just take her back to court and if I do can she be ordered to pay the costs?
In order to enforce an order, be aware that you will incur further costs, though these can usually be claimed back from the debtor. In general each step of enforcement costs about £100.

In deciding which step to take to enforce an order, it is often important to find out how much the debtor can afford to pay, or in the case of forcing sale of a Property, what the person can afford to pay in rent etc. The easiest way to find out this information is to ask the court to order the debtor to attend court and provide evidence of their income or spending (e.g. produce bills and bank statements). It costs approximately £50 to order someone to attend court.

If you wish to send a bailiff to collect your money, or deduct money from someone's wage, you will need to fill in the relevant form from Justice.gov.uk The court can also freeze money in someone's account if needed to stop money being spent before you are paid your share as per an earlier order.

How Do I Change An Order?

I am a single mum with two children. My ex-boyfriend got a court order to see the kids and he lets them down all the time. What shall I do? How do I stop my daughter getting hurt by him coming in and out of her life?
If you want to change a court order, there are two methods:
  • 1) Agree the change with your ex-partner and make the change on a voluntary basis (this is usually more suitable when you wish to change the specifics of an order such as what days you have contact, rather than whether you have contact or not).
  • 2) Return to court.

For orders made in the family court, if the changes are not contested by your ex-partner, the judge will make a new order at the first hearing. If the changes are contested, you will need to prove that there has been a change of circumstances. (Note that an amendment to the law is not in itself a change of circumstances.) The full process of CAFCASS reports and investigations and representations in front of a judge (like when the original order was made) will start again.

To apply to change an order, you will again need to fill in the relevant form which can be found at Justice.gov.uk There is again a cost for filling this form.

Be aware that the courts are very reluctant to stop parents seeing their children. Even in cases of domestic violence, the courts will still often allow the offending parent to see their children; they will just ensure that this is supervised at a family contact centre. You may therefore be better suggesting that the specifics of the order are varied (e.g. less contact time until proves can keep regular appointments) rather than suggesting that all contact is stopped.

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Fdoverbyex - Your Question:
My ex got a court order a few years ago preventing me from seeing my daughter all based on lies, my daughter is now 14 and keeps trying to make contact with me but when ever her mum finds out she she kicks off and threatens her with not seeing any of her brothers and sisters so my daughter backs off and goes off the radar again. She's recently come back into contact how do I go about having my daughter in my life safely and not having to look over my shouder when she visits ? She's to scared to tell her mum on fear she will lose her brothers and sisters. I have tried to explain that this wouldn't happen and that she has a right to see her mum and Dad if she wants but she doesn't want to stand up to her mum. Please help me, the court order is till she's 18.

Our Response:
You are in a tricky situation if the court order is until your daughter is 18, as you are effectively in contempt of court/breach. Your only option would be to take legal advice about taking the matter back to court to apply to have the order varied.
CourtroomAdvice - 24-Jan-17 @ 2:08 PM
Our home is sold subject to contract surveyor was out last week & I've completed The conveyancing pack. Our mortgage is in joint names & house being sold due to divorce. He has been sectioned in Aberdeen on 13th Jan 2017 & I live in Huyton Liverpool where our joint home is.How do I proceed to get house sale threw if not we will loose our future as I am not working.
Pughie - 24-Jan-17 @ 12:04 PM
My ex got a court order a few years ago preventing me from seeing my daughter all based on lies, my daughter is now 14 and keeps trying to make contact with me but when ever her mum finds out she she kicks off and threatens her with not seeing any of her brothers and sisters so my daughter backs off and goes off the radar again. She's recently come back into contact how do I go about having my daughter in my life safely and not having to look over my shouder when she visits ? She's to scared to tell her mum on fear she will lose her brothers and sisters. I have tried to explain that this wouldn't happen and that she has a right to see her mum and Dad if she wants but she doesn't want to stand up to her mum. Please help me, the court order is till she's 18.
Fdoverbyex - 23-Jan-17 @ 10:45 PM
happy d - Your Question:
Hello, Had a recidance order in place since 2006 shared care of our daughter, with mother being the parent with care, and me being non - resident.Paid CSA payment to mother for 10 years.May 2016 Daughter and mother had a falling out and she has now resided with me pretty much full time. Im in receipt for child allowance but refused any maintenance payment as the child maintenance service say we have a shared care agreement and there is NO case to be answered? Daughter stays with mother 2 or 3 nights per month, but when asked by CSA she refers them the court order (Shared care) and no payment for her daughter upkeep are made.Again do I have to take this back to court and amend court order as its no longer 50 /50 More like 90/10, & when it was 50/50 how or why did I have to pay maintanance

Our Response:
Yes, you would have to take the matter back to court to request to have the order varied.
CourtroomAdvice - 20-Jan-17 @ 11:06 AM
Hello, Had a recidance order in place since 2006 shared care of our daughter, with mother being the parent with care, and me being non - resident. Paid CSA payment to mother for 10 years.. May 2016 Daughter and mother had a falling out and she has now resided with me pretty much full time. Im in receipt for child allowance but refused any maintenance payment as the child maintenance service say we have a shared care agreement and there is NO case to be answered? Daughter stays with mother 2 or 3 nights per month, but when asked by CSA she refers them the court order (Shared care) and no payment for her daughter upkeep are made.. Again do I have to take this back to court and amend court order as its no longer 50 /50 More like 90/10, & when it was 50/50 how or why did i have to pay maintanance
happy d - 19-Jan-17 @ 11:34 AM
Does a judge sign an order for sale court order?
Normz - 16-Jan-17 @ 1:01 AM
Hi. I have a rented house toa large private Co. a canopy fell on me causing injuries. A lady came from the Co. wrote a report , took photo's. I have put a claim into court for compensation. Have asked the Co for a copy of this report . Not given. Please can I apply for a court order for this report - And How ? thanks . B
trx850 - 14-Jan-17 @ 8:27 PM
Hi I am looking into getting a court order. My ex has not seen my son since he was a baby. He was violent towards me, He has PR however my son now has my surname.I want a court order in place so my ex can't collect my son from school, my son starts this September.Due to him having PR he's able to. Any advice would be greatly appreciated
Lauren - 11-Jan-17 @ 6:38 PM
Hi can I ask for a bit of advice please we bought into a holiday club years ago and over time it's been classed as dodgy timeshare thing .severjal people's have contacted us over the years asking to help us have wanted upfront payments then disappear. It was supposed to have gone to foreign court who have now awarded us a payment but before we can receive it we must pay the court through a certain bank before we will be issued with the payment they said this money will be refunded once all is settledwe have a very uneasy feeling .we were told it will cost this amount of money each time the court does paperwork etc are we being conned or do you have to pay the courts to release your award. We are supposed to be getting the court order paperwork as well by recorded delivery .Thank you for your time
Funnygirl - 11-Jan-17 @ 3:24 PM
Have court order on my child can I take it off her if I want
Oddball - 10-Jan-17 @ 7:09 PM
Ryan - Your Question:
Hi I have a court order to see my son its in place but my formen in work keeps saying I have to work on a saturday but my problem is in my order I have to drop him off 11 every other saturday can you help please thanks ryan

Our Response:
If you cannot renegotiate the term of the order with your ex (due to your working schedule), or arrange for your son to be dropped off by a friend or member of your family in keeping with the order, then you can apply for a variation to the court order, if that is your preference. Or apply for a flexible working request on the back of your court order, please see link here.
CourtroomAdvice - 10-Jan-17 @ 2:53 PM
Hi i have a court order to see my son its in place but my formen in work keeps saying i have to work on a saturday but my problem is in my order i have to drop him off 11 every other saturday can you help please thanks ryan
Ryan - 10-Jan-17 @ 10:03 AM
Why is a Court Order unenforceable in law? I have a court order for shared residency for my daughter, which my ex wife respected until 2 days before my daughters 13th birthday. She then gleefully told me that because my daughter was 13 she could make up her own mind and she didn't want to see me any more ( she also bought her a puppy on the same day and told her that she would have to be responsible for the dog and couldn't go away for weekends any more) I spent over £10k going through the courts the first time, when my ex wife accused me of attempted murder by poison, and only backed down when the psychiatrist report came back saying she was borderline schizophrenic. My legal advice now is that I will have to go through the full court proceedings once again if I want to enforce the order. What a pile of rubbish that is. Fathers are discrimated against totally. I have paid every penny that I am supposed to,pay and much more besides even though it meant not eating at times for me. How can I go about suing the court system? Court orders are a waste of time for fathers, even though it bankrupted me and my ex wife who has more salary and assets than me got legal aid. It is state sponsored child abuse on a massive scale. Hopefully fathers will wake up in the coming years. Vive the revolution
Downtown - 6-Jan-17 @ 3:03 AM
Hello, I owe a debt on the flat I live in. Due to unforseen employment circumstances I found myself in court regarding the debt. A court order was made for payments to be made each week which has always been adhered to. I now wish to leave the flat and the area and have been offered a small amount from the landlord (council) to do so. Can they take the remaining debt from the money they propose to give me to leave? Or do they need to adhere to the court order so that I may continue to make the payments as I have been doing? Thank you
lh - 23-Dec-16 @ 11:16 PM
@Leyn - can't you go to your GP directly who will refer you to a specialist for the tests?
Jill - 14-Dec-16 @ 3:16 PM
Hi, my mother and I have been estranged for 10 years due to her abusive behaviour. I have had the police and a solicitor take steps to obtain an injunction. However, she is now claiming that the family has an incurable bleeding disorder that I need to be tested for. She only told me that it is called hht, but I need a copy of a specialists letter in order to get tested by the NHS. She has refused for 3 years to provide the letter. Is it possible to get a Court Order to force her to do so? If so which type of Order is needed? Many thanks
Leyn - 14-Dec-16 @ 11:58 AM
2babyGirls - Your Question:
Hi, in 2011 I was convicted of assault on my ex after finding out she was having an affair with my best friend. 12 months later we started court proceedings as she had served me a no contact order over contact with my daughters. I went to the hearing and met with cafcass in September 2013 and they arranged a hearing for the end of june 2014, so between that time my new partner and I travelled S.E Asia. Whilst out the country my ex had said she had been sending me correspondence regarding the children even though she did not have an address for me and I was outside the uk. Her legal team then went back to court and brought forward the case by 3 months without informing me and da final order of no contact was made as I was not present to contest it! Now late 2016 and I still have not had seen my daughters and still get abuse from my ex partner! Do I have any rights to go back to court and get access to my children? Please can you advise me of what steps I need to take

Our Response:
You would really have to seek legal advice regarding this in order to explore your options.
CourtroomAdvice - 8-Dec-16 @ 10:01 AM
hi, in 2011 I was convicted of assault on my ex after finding out she was having an affair with my best friend.... 12 months later we started court proceedings as she had served me a no contact order over contact with my daughters.I went to the hearing and met with cafcass in September 2013 and they arranged a hearing for the end of june 2014, so between that time my new partner and I travelled S.E Asia. Whilst out the country my ex had said she had been sending me correspondence regarding the children even though she did not have an address for me and I was outside the uk. Her legal team then went back to court and brought forward the case by 3 months without informing me and da final order of no contact was made as I was not present to contest it! Now late 2016 and I still have not had seen my daughters and still get abuse from my ex partner! Do I have any rights to go back to court and get access to my children? Please can you advise me of what steps I need to take
2babyGirls - 7-Dec-16 @ 9:48 AM
My cousin's husband has refused to sign a Financial Remedy Order that was agreed to in court with him present. He is now arguing terms in the order and has refused to pay any of the child support and maintenance that was ordered by the judge. Can this order be enforced even if he hasn't signed it? The order was issued over a week ago. Thanks.
FedUp - 3-Dec-16 @ 8:49 AM
Liam - Your Question:
Hi, I have a 9yr old child in which I have a court order in place which I have my son every Wednesday overnight and every other weekend, then half of all school holidays. As you can see I have him a lot but not really enough, the Wednesday which then is mum weekend I don't see him for a week and that's really affecting him and home with mum and in school. There's a number of issues I'm really hoping you can help me with. 1. I'm allowed to take him on holiday abroad if I give mum details a month before but I took him on holiday 3yrs ago it was meant to be America but the price was £2000 for me and my son for 9 days so I changed it and took him to Disneyland Paris for 5 days without mum knowing because I know she would of tried to stop me but I told her the minute I came back. She won't allow me to take him on holidays anymore. 2. My son is becoming very emotional and upset even at school, I've asked the school to do a CAFF on him in which they have and his stated he wants to see me more and live with me what can I do?

Our Response:
Firstly, it is highly unlikely the courts would rule to have a child taken from the resident parent and handed over to the NRP to live, unless absolutely necessary. With regards to taking your son on holiday, yes, you were in breach of the court order, but so is your ex from stopping you from taking your son on holiday, therefore if your ex refuses to allow this, you can apply back to the court and the court will decide whether to enforce the order. I can only suggest you seek legal advice in order to explore your options.
CourtroomAdvice - 1-Dec-16 @ 1:50 PM
Hi, I have a 9yr old child in which I have a court order in place which I have my son every Wednesday overnight and every other weekend, then half of all school holidays. As you can see I have him a lot but not really enough, the Wednesday which then is mum weekend I don't see him for a week and that's really affecting him and home with mum and in school. There's a number of issues I'm really hoping you can help me with. 1. I'm allowed to take him on holiday abroad if I give mum details a month before but I took him on holiday 3yrs ago it was meant to be America but the price was £2000 for me and my son for 9 days so I changed it and took him to Disneyland Paris for 5 days without mum knowing because I know she would of tried to stop me but I told her the minute I came back. She won't allow me to take him on holidays anymore... 2. My son is becoming very emotional and upset even at school, I've asked the school to do a CAFF on him in which they have and his stated he wants to see me more and live with me what can I do?
Liam - 1-Dec-16 @ 12:17 PM
Trekster - Your Question:
Not sure what the next steps are for my situation. I divorced my ex-wife in 2009 - wanted to get financial clean break sorted but she refused to sell the house. She agreed to take on the mortgage and rent which I had been paying including child maintenance but she took over when arrears were paid off which was around 6 months after the divorce. I met my now wife in 2010 and in Feb 2011 my son moved in with us - he was 12 at the time. Since she has taken over the property she has never paid the rent to the housing association adding £15k of arrears to the mortgage. She only started paying the mortgage interest regularly in Feb 2013. My ex wife also me her now husband in 2010 and married this year. He new husband didn't want us to be financially tied so she instigated the sale of the house. I took legal advice and went down the mediation route, house was put up for sale in July and we found a buyer in August. Consent order is now being drawn up and my solicitor has sent amendments to my ex-wife's solicitor. The sale of the house has been slow as she has refused to sign the documents as I've not yet signed the consent order. Buyer was going to pull out but my ex finally returned the documents and has since returned the contract in readiness for exchange. There are charges listed on the title deed of the house therefore solicitor needs confirmation that they can be discharged on the sale. It's been a nightmare getting settlement figures as the charges relate to debts in my wife's name - one of the charges is a matrimonial debt but all is dealt within the consent order. The solicitor is having difficulty obtaining settlement figures so I have been asked if I can help in any way. Ex-wife is now unhappy that I'm asking her to phone the debt management company and is fed up of being pushed to do everything - she has done little so far! We came to logger heads and she is now pulling out of the sale. Really keen to know where I stand with this. I stupidly agreed to pay the mortgage at mediation but the rent continues to be unpaid and so the rent arrears are increasing. Where do I stand on this? Really fed up of hitting a brick wall with my ex each time she needs to do something. Will solicitor need my agreement to pull out too? Can sale proceed without her?

Our Response:
I'm afraid your question is far too down the line for us to be able to advise on fully and really one in which only your solicitor can help (as in order to reach any decision, as it may have to go to court in a bid to force a/the sale). This is done by applying for a court order that would in effect allow for the property to be sold by a certain timescale (but this will take time to get to court). You should make a note of the way in which your ex is being un-cooperative, and in as much detail as possible and what she has done to get you into this situation, as this will help your case. At the same time this is all very costly and the housing association may step in in the meantime (you will have to check on terms and agreements what can happen with regards to non-payment of rent). We can't advise what to do with your current state of play, apart from hope your ex decides to change her mind especially if you can convince her the repercusions and the cost you both will occur if she doesn't.
CourtroomAdvice - 18-Nov-16 @ 10:39 AM
My now husbands ex is trying to get a sheriff to over turn a house transaction I did with him before we married is this possible? I bought the house for the full asking price and this was determined by a charted surveyor, months before we were married. She has an ongoing civil case against him under The Scottish cohabitation law, will I be liable for this award if any
Bambi - 17-Nov-16 @ 3:33 PM
Mad mummy - Your Question:
HiI wonder if you could give me some advice?I was divorced 13 years ago and my ex had a charge put in my property, our youngest child has left full time mainstream education and is full time at university and I've lived with my new partner for 6 years and we have a 4 year old together and his 15 year old son living with us so going by the charge he's in his right to claim his 25% back now.My problem is we can not afford to pay him as I'm now no longer able to work because of being disabled and my partner has had to go self employed so he can care for me and our children and he only has two years of book work so he can't help by getting a mortgage etc so the only way to give my ex his share would be to sell our family home and by doing that we could very well become homeless because the council would not be able to help us because I would have too much money from my share of the equity and because of my disabilitys it's very unlikely we would find a home with the adaptions I need or be willing to allow future adaptations to a rented place.Is there anyway I can get this charge overturned?The thought of making my children homeless is breaking my heart surely there has to be a loophole in the law.I never wanted this charge in the first place I felt very bullied into excepting it especially as I divorced him on the grounds of domestic violence both towards me and our two children at the time.Since the letter from his solicitor arrived last week it's been like the last 13 years never happened and I'm right back under his control but it's not just me it's hurting it's our oldest two children and my little girl, stepson and partner who are also suffering at his hand yet again.Please help me I'm so frightened of loosing everything I've worked so hard to rebuild after a nightmare marriage that I don't know what to do for the best I don't want to see my family homeless or split up over this.Many thanks ??

Our Response:
The court made decisions at the time based upon what is in the best interests of yours and your ex's children, which was making sure they had a roof over their heads until they finished full-time education. As your ex part-owns the property, then it is entirely understandable he wants to claim the assets that are rightfully his. Your partner's children are theoretically not your ex's concern and after divorce neither does he have any legal rights to continue to support you. I'm sorry to hear you have found yourself in a sticky situation, but there may be little you can do. I can only suggest you seek legal advice regarding this. Any equity you will release may also affect any benefits you claim. Therefore, you need to seek advice in order to explore your options.
CourtroomAdvice - 17-Nov-16 @ 3:03 PM
Ali - Your Question:
My now husband has a court order to pay his ex wife £750 pm as his wife did not work, which is nearly 50% of his salary. He has a 15 year old daughter who when the order was taken out he used to see 1 day per week. We now have his daughter 10 nights per month and his wife is now working but she will only accept a reduction of £150 per month, will not negotiate and will only talk through a solicitor. My husband gave her the house and everything in it and she now has a long term partner who stays at weekends, this order runs until his child is 18. Is there any advice you can give me as we are struggling to pay this amount every month as well as our mortgage and bills.thank you

Our Response:
Yes, your husband can take this back to court if there has been a change in circumstances. It would be well advised to seek legal advice in order to explore his options.
CourtroomAdvice - 17-Nov-16 @ 12:07 PM
Not sure what the next steps are for my situation. I divorced my ex-wife in 2009 - wanted to get financial clean break sorted but she refused to sell the house. She agreed to take on the mortgage and rent which I had been paying including child maintenance but she took over when arrears were paid off which was around 6 months after the divorce. I met my now wife in 2010 and in Feb 2011 my son moved in with us - he was 12 at the time. Since she has taken over the property she has never paid the rent to the housing association adding £15k of arrears to the mortgage. She only started paying the mortgage interest regularly in Feb 2013. My ex wife also me her now husband in 2010 and married this year. He new husband didn't want us to be financially tied so she instigated the sale of the house. I took legal advice and went down the mediation route, house was put up for sale in July and we found a buyer in August. Consent order is now being drawn up and my solicitor has sent amendments to my ex-wife's solicitor. The sale of the house has been slow as she has refused to sign the documents as I've not yet signed the consent order. Buyer was going to pull out but my ex finally returned the documents and has since returned the contract in readiness for exchange. There are charges listed on the title deed of the house therefore solicitor needs confirmation that they can be discharged on the sale. It's been a nightmare getting settlement figures as the charges relate to debts in my wife's name - one of the charges is a matrimonial debt but all is dealt within the consent order. The solicitor is having difficulty obtaining settlement figures so I have been asked if I can help in any way. Ex-wife is now unhappy that I'm asking her to phone the debt management company and is fed up of being pushed to do everything - she has done little so far! We came to logger heads and she is now pulling out of the sale.Really keen to know where I stand with this. I stupidly agreed to pay the mortgage at mediation but the rent continues to be unpaid and so the rent arrears are increasing. Where do I stand on this? Really fed up of hitting a brick wall with my ex each time she needs to do something. Will solicitor need my agreement to pull out too? Can sale proceed without her?
Trekster - 17-Nov-16 @ 10:43 AM
My now husband has a court order to pay his ex wife £750 pm as his wife did not work, which is nearly 50% of his salary. He has a 15 year old daughter who when the order was taken out he used to see 1 day per week. We now have his daughter 10 nights per month and his wife is now working but she will only accept a reduction of £150 per month, will not negotiate and will only talk through a solicitor. My husband gave her the house and everything in it and she now has a long term partner who stays at weekends, this order runs until his child is 18. Is there any advice you can give me as we are struggling to pay this amount every month as well as our mortgage and bills.thank you
Ali - 16-Nov-16 @ 7:19 PM
Hi I wonder if you could give me some advice? I was divorced 13 years ago and my ex had a charge put in my property, our youngest child has left full time mainstream education and is full time at university and I've lived with my new partner for 6 years and we have a 4 year old together and his 15 year old son living with us so going by the charge he's in his right to claim his 25% back now... My problem is we can not afford to pay him as I'm now no longer able to work because of being disabled and my partner has had to go self employed so he can care for me and our children and he only has two years of book work so he can't help by getting a mortgage etc so the only way to give my ex his share would be to sell our family home and by doing that we could very well become homeless because the council would not be able to help us because I would have too much money from my share of the equity and because of my disabilitys it's very unlikely we would find a home with the adaptions I need or be willing to allow future adaptations to a rented place... Is there anyway I can get this charge overturned? The thought of making my children homeless is breaking my heart surely there has to be a loophole in the law... I never wanted this charge in the first place I felt very bullied into excepting it especially as I divorced him on the grounds of domestic violence both towards me and our two children at the time... Since the letter from his solicitor arrived last week it's been like the last 13 years never happened and I'm right back under his control but it's not just me it's hurting it's our oldest two children and my little girl, stepson and partner who are also suffering at his hand yet again... Please help me I'm so frightened of loosing everything I've worked so hard to rebuild after a nightmare marriage that I don't know what to do for the best I don't want to see my family homeless or split up over this... Many thanks ??
Mad mummy - 15-Nov-16 @ 8:09 PM
Hi I wonder if you could give me some advice? I was divorced 13 years ago and my ex had a charge put in my property, our youngest child has left full time mainstream education and is full time at university and I've lived with my new partner for 6 years and we have a 4 year old together and his 15 year old son living with us so going by the charge he's in his right to claim his 25% back now... My problem is we can not afford to pay him as I'm now no longer able to work because of being disabled and my partner has had to go self employed so he can care for me and our children and he only has two years of book work so he can't help by getting a mortgage etc so the only way to give my ex his share would be to sell our family home and by doing that we could very well become homeless because the council would not be able to help us because I would have too much money from my share of the equity and because of my disabilitys it's very unlikely we would find a home with the adaptions I need or be willing to allow future adaptations to a rented place... Is there anyway I can get this charge overturned? The thought of making my children homeless is breaking my heart surely there has to be a loophole in the law... I never wanted this charge in the first place I felt very bullied into excepting it especially as I divorced him on the grounds of domestic violence both towards me and our two children at the time... Since the letter from his solicitor arrived last week it's been like the last 13 years never happened and I'm right back under his control but it's not just me it's hurting it's our oldest two children and my little girl, stepson and partner who are also suffering at his hand yet again... Please help me I'm so frightened of loosing everything I've worked so hard to rebuild after a nightmare marriage that I don't know what to do for the best I don't want to see my family homeless or split up over this... Many thanks ??
Mad mummy - 15-Nov-16 @ 8:06 PM
I was looking for some advice, I have recently married my child's now step-dad. I would like for my child to have my married name as she is now currently in my maiden name. Father is not on birth certificate nor does he have court enforced parental responsibility, only a contact order is in place for supervised visitation due to DV. I don't want child's bio-dad to find out I've married new partner, and i do not have any contact information for him, but wish to change her surname to match my own. Where do I stand on this? He hasn't seen his child since January 29th 2016, by his own choice. I have spoken to a local law firm, who have told me I still need to get his consent because of the court order. However, i have a friend in the same position, where her ex IS named on childs BC and they've allowed her to change his name as long as he has had no contact for 12 months.
CuriousCat - 15-Nov-16 @ 4:05 PM
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