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I got divorced last year and we agreed a consent order, a large…

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I got divorced last year...

I got divorced last year and we agreed a consent order, a large amount of cash was agreed to be paid to my former spouse by me based on debt due to me from the sale of a business, we were simply awaiting for the deferred consideration payment. Unfortunately, the payment was never made as the company claimed several issues - my former wife has had all copies of the documentation proving I have not been paid but still wants cash! Where do I stand.

Submitted: 11 years ago.Category: UK Family Law

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5/24/2012

Solicitor: Clare, Family Solicitor replied 11 years ago

Clare, Family Solicitor

Category: UK Family Law

Satisfied Customers: 36,006

Experience: 25 years experience of all aspects of family law

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Hi
How much is due?
Claire

Customer reply replied 11 years ago

Hi Claire

The lump sum is £166,417.00 o/s. I pay maintenance of £2k per month for the kids and £1k spousal maintenance plus school fees etc....

I was in a very bad place when I did all this and just agreed to this as I was getting blackmailed by the ex over access to the kids, its now getting nasty again, she knows I have not had the cash (docs shared with her) but still goes on that its her settlement and its legally binding. I have several letters from her solicitors which are nasty saying I am in breach of court and threatening all kinds of nasty things, but the simple fact is I have not got it - or had it!

I just have had enough of the same rant and need to sort this once and for all - basically I am on the bread line after paying over £5k per month in maintenance etc and she now wants to liquidate property that we have for the cash. We agreed (as per consent order) to put these properties in trust for the kids but honestly I have not been albe to afford the fees yet to do it.

Really appreciate your assistance.

JB

Solicitor: Clare, Family Solicitor replied 11 years ago

Hi
Will you be getting this money at all - and what assets and debts are there
Claire

Customer reply replied 11 years ago

No, she is aware of this. I spent a lot of money on arbitration which found against us. She is fully aware this is final and not comming at all.

All in all, taking out the asset (which never came to fruition £250k) less liabilities, its about even. She has taken every thing from the house plus car etc and I simply pay maintenance and pay any o/s debts.

Solicitor: Clare, Family Solicitor replied 11 years ago

Hi
What actual assets and debts were and are there
Claire

Customer reply replied 11 years ago

£100k of art (which we were to split 50:50) - she's holding it as ransom until paid
£50k Jewellery each (we kept our own)
£100k equity in house
£200k cash
£50k debts
£30k house contents (she took it all when she moved out)
This obviously excludes the £250k cash that was due from deferred consideration of business

Solicitor: Clare, Family Solicitor replied 11 years ago

Hi
How were those assets divided?
Claire

Customer reply replied 11 years ago

Claire - so you know, everything is sorted apart from the art and furniture which is being held to ransom until the payment of £166k is made. Claire - so you know, everything is sorted apart from the art and furniture which is being held to ransom until the payment of £166k is made.

split was 65:35 in her favour plus the very generous maintenance and spousal maintenance

Solicitor: Clare, Family Solicitor replied 11 years ago

Hi
Are there any other business assets to be dealt with
Claire

Customer reply replied 11 years ago

No - everything else is sorted.

Solicitor: Clare, Family Solicitor replied 11 years ago

Hi
You are going to have to apply to the court to vary the order - and I have to be honest there is no guarantee of success as the Court may not accept that this event - losing the monies from the business - was unforeseeable and that the Consent Order should there fore be put aside and the settlement revisited,
You will need to take specialist advice on whether or not this can be classed as what is called a "Barder" event
http://www.lawgazette.co.uk/in-practice/legal-update/family-law-barder-appeals-recent-developments
Mediation may also be a possibility - but to start with you need to show that there is a real chance that the Order will be set aside
Claire

Clare, Family Solicitor

Category: UK Family Law

Satisfied Customers: 36,006

Experience: 25 years experience of all aspects of family law

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Clare and 87 other UK Family Law Specialists are ready to help you

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Customer reply replied 11 years ago

Thanks Claire for your help, the issue being that the maintenance payments are 4 times more than the CSA max and I am literally paying every bill she has.... and some. I believe that I can show I am being fair and reasonable and that I have done everything I can to assist, the facts being - if I don't have it, I can't pay it!

Unless I can get this sorted, I am getting harassed weekly and it might just as well going bankrupt ---- just can't take much more....

Specialist Advise - do you mean counsel?

Solicitor: Clare, Family Solicitor replied 11 years ago

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