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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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As part of a divorce financial settlement

Resolved Question:

As part of a divorce financial settlement (order dated 27.11.01) in 2001 I contributed an amount of £50K to a fund to be administered by my ex wife to be used solely to take our children on holiday with her. The residual would then be shared between the children on 20th August 2013. In 2008, where the sum left in the fund was about £33k, my ex wife took this money and used it for her own personal use. In a court order in 2009 she was ordered to repay the money owed by 31st March 2010. Despite numerous requests nothing was ever paid back and now that the money is due to the children I made a claim through money claim on line on behalf of the children to get this money paid back. The case was finally transferred to Watford County Court, where the order to pay back the money was made in 2009, and I have today received an order telling me that the claim has been stuck out because ' The claim is struck out as disclosing no reasonable ground for bringing the claim. (It is plain that the Order of 27.11.01 that no money is due to the claimant. If there is dispute this is within the divorce proceedings and any application should be made within those proceedings)'. I do not undestand this as my ex wife is in clear breach of the order asking her to pay the monies back. Help please. The order was made without a hearing

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
The money is indeed due and can be enforced - but not by the Children
It is YOU who needs to enforce the Order through the family Courts
You need to apply to enforce the Order using whichever enforcement method works best
They are set out here
http://www.ts-p.co.uk/uploaded/publications/information_sheets/Family/enforcement_of_a_family_court_judgement_or_family_order.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Clare,


Many thanks for your input. having looked at the info sheet I am a bit confused as to what would be the best route to take. The order in question was a 'General Form of Order - Ancillary Relief. (not sure if I have done this correctly but I have tried to attach copy of the order below)


 


Attachment: 2014-04-01_135209_court_order_240609.pdf


Are you saying that I cannot apply on the children's behalf even though they are now the beneficiaries of the money and that I have to apply myself?


Regards


Pany

Expert:  Clare replied 2 years ago.
Hi
Yes you have to apply yourself - and which option you chose depends on your ex's financial position
Clare
Customer: replied 2 years ago.

So If I believe she has the money then I would apply via the third party debt order or equitable execution ?

Expert:  Clare replied 2 years ago.
Hi
Yes you need to choose your preferred option - or let the Court decide by suing a form D50k
Clare
Customer: replied 2 years ago.

Clare,


Many thanks, XXXXX XXXXX the form D50K I'll take that route. So al I do is complete is and send it correct?


Regards


Pany

Expert:  Clare replied 2 years ago.
Hi
Yes that s indeed what you need to do
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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