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jusleen, Family Lawyer
Category: UK Family Law
Satisfied Customers: 942
Experience:  Qualified Family Solicitor practising family law since 1999. Member of resolution.
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Hello, We have a consent order already signed by the judge

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We have a consent order already signed by the judge and a decree absolute since last 8th July. This order says that my ex husband has to pay the lump sum in 3 payments: the first one was end of May but he failed to pay it. The second will be in September and the third in December. There is a charge on his house to guarantee the payments 2 and 3, but not on the first payment. So, what happens if he fails to pay it and flees the country?

jusleen : Hi has there been any communication with him since the unpaid instalment for reasons why he has not paid? If so what has been his reply?
jusleen : If an order is made and your husband has failed to comply you can by all means apply to the court for enforcement of the order.
jusleen : Is the charge registered against your husband's property?
jusleen : Why do you believe he will flee the country?
jusleen : Please note that I am a practising lawyer and therefore I am not always online due to work commitments. I will be online in the evening and will do my best to respond to any responses you make in relation to further information I have requested.

My lawyers have often chased his lawyers and they keep saying "he will pay it shortly" but he hasn't . My lawyers are now writing a letter saying that if he doesn't pay in few days, then we'll go for enforcement.


My ex sent a draft of the charge as he accepted in the consent order that he would prepare it and pay for its costs.


I attach here the letter I have just sent my lawyers. Hope it will help you to understand the situation:


"Sorry if I bother you again with my doubt but I need to clear it. I am very concerned that Benny could have arranged all to flee the country. You can call me paranoid but the problem is that I know how sociopaths think and behave and you don't (luck you). For them the most important thing is to WIN and they will go to extremes with this purpose (to win). Before the split, he was already keen to live abroad for taxes reasons, so it wouldn't cost too much for him to spend some years abroad, just for the pleasure of not paying me and feel as the "winner". Look what has happened with Nigella Lawson, you are probably aware that she was unfairly kicked out of their house although he was the wrong one. He's a sociopath, equal Benny and has already told that he won't give her a coin. This case is equal to what happened to me and Benny, same story. Sorry if you think it's stupid, but I need to solve this doubt. If he flees the country, he won't pay and that's it. Or can police arrest him abroad? As for the charge on the house, if he runs away, can we apply the charge, even if he's not in the country? More, I am afraid that if it happens, I will never see the first payment as it isn't guaranteed by the house. James, you already told me that he has no way to scape, but you are considering that he will stay in UK. I want to know what happens if he leaves the country. I ask you please to be understanding, I know you are, but I feel as if I am going crazy. Looking forward to hearing from you. Kindest regards, Gianna"


Dear Jusleen,


I hope you have here the information you need.


I will wait for your reply tonight.


Many thanks,



jusleen : Hi as there is a charge registered against the property you will not lose out on your money provided there is enough equity in the property. Your solicitors can apply for enforcement and if your husband does not make the payment available the court can order the sale of the property to enable your lump sum to be paid in full. If he leaves the country the court can still make orders in his absence provided it is satisfied that he is failing to comply with the order.

Thank you for your reply, but I still have this doubt: the change on the house guarantees just payment 2 and 3. There isn't a charge on the first payment. You mean that they will sell the house to pay all 3 instalments (inclusive payment 1) ?

jusleen : The enforcement of the order is to ensure you are paid and if the instalments are not paid and there is doubt that payments will be made then the court can enforce the order by sale. A threat of court action may force your husband to pay the instalment.

Ok, thank you very much for your help.

jusleen : The court would consider selling the property to provide you with the full lump sum if your husband makes no attempt to pay the money to you. I hope this assists. If you are satisfied with the response please rate my answer. Kind regards Jusleen
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