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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33538
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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My ex wife and I were involved in a bitter custody battle.

Resolved Question:

My ex wife and I were involved in a bitter custody battle. During proceedings we agreed, which became an order, for me to move from the FMH temporarily but once I had moved out my ex wrote saying she was not moving out and was never an option. 3 years later I took her to court for ancillary matters and we agreed, which became an order, for us to sell the house and settle a joint debt and one in her name alone. As soon as this was settled my ex decide not to pay the mortgage and now six months later the house is sold but due to her not paying the mortgage I do not have enough to pay my debts and will have to declare bankruptcy which is difficult as I am a single parent and my ex wife doesn't see our son or pay maintenance at all. Question is- if I declare bankruptcy and not follow our agreement (court order) will I face legal recriminations even though she didn't for breaking the original order.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did the Order for sale not make provision. For who should pay the mortgage until then?
Clare
Customer: replied 2 years ago.

No it didnt cover that. My ex-wife had paid the mortgage from me moving out until I took her to court in Oct' 2013 so it was presumed she would continue paying until the sale.

Expert:  Clare replied 2 years ago.
Hi
How much were the arrears.?
Was the order imposed or made by consent?
Clare
Customer: replied 2 years ago.

The arreas were around £1000 plus penalties. The order was consented and agreed then put into an order.


Mark

Expert:  Clare replied 2 years ago.
Hi
How much less was received because of the arrears
Clare
Customer: replied 2 years ago.

Hi, I have not seen the final mortgage redemption statement but I guess it will be around £2000.


Due to my ex-wife not following the first court order I approximate she cost me around £5000 in the difference between rent compared to mortgage payments and furniture.


I am very concerned my ex will have grounds to pursue this matter through the courts due to not being able to follow the court order.


Mark

Expert:  Clare replied 2 years ago.
Hi
What is left for YOU to do or pay?
Clare
Customer: replied 2 years ago.

Hi, The order said we must settle a joint debt by paying half each and the same with one in my ex-wifes name alone. These amount to £19,000 but I have another £14000 in my name alone and £10,000 owing to my parents and my share of the settlement does not cover all of this. This is why I need to know what will happen if my ex decides to take court action against me for not following the court order and declaring bankruptcy instead.


Regards, Mark

Expert:  Clare replied 2 years ago.
Hi
I am a little confused
If there is only maybe £1000 less than expected why are you not able to pay the loans as ordered?
Clare
Customer: replied 2 years ago.

Hi,


The shortfall of £1500 was the difference of paying all my debts or not. I could pay the ordered debts but would not be able to pay the others and due to being a single parent I would have to declare bankruptcy as there is no way I can repay the debts. Due to my ex breaking the previous order and not paying the mortgage out of spite I really believe I should repay my parents first and would like to know what a judge is likely to if I break the order.


Regards, Mark

Expert:  Clare replied 2 years ago.
Hi
If you are only £1500 short why bankruptcy?
Clare
Customer: replied 2 years ago.

Hi,


Sorry I should have explained the £1500 shortfall was with some creditors offering to reduce the debt. As I dont have enough to do this the total I will owe is more like £10000 and I have no way of clearing that amount.


Mark

Expert:  Clare replied 2 years ago.
Hi
Have you taken advice on that?
Clare
Customer: replied 2 years ago.
Hi,
I'm planning on seeing the CAB tomorrow but wanted to know the penalty for breaking a court order before that. As my ex-wife was questioned in our last court appearance why she didn't follow the order and made a lie up about not being able to find somewhere in three years and the district judge just glossed right over it I'm hoping there won't be any stiff penalties for me.
Mark
Expert:  Clare replied 2 years ago.
Hi
I am afraid that what it will mean is that you still owe your ex this money.
It will not be included in the Bankruptcy.
In addition you need to be aware that any money that you pay your parents could be recovered - whether by the Trustee in Bankruptcy or by the Family Court.
i am afraid that her breach of the previous Order should have been dealt with either at the time it happened or by some financial accounting within the consent order and it cannot now be used to justify your not abiding by the order
I am sorry - I know that this is not good news - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33538
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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