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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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In a final financial settlement 7 years ago my wife got the

Customer Question

In a final financial settlement 7 years ago my wife got the financial benefit from the family home although there is a 40% mortgage on it. She was to indemnify me against any future loss from the property. She was awarded spousal periodic payments that over the past 6 years have been varied several times. At the last hearing we agreed a lump sum payment and the judge made an order, "By consent the ex husband will pay the ex wife £12,000 inclusive of arrears and subject to and upon compliance with this order, the wife's claim for periodical payments be dismissed." However I have now received notification of an enforcement hearing for the 23rd December should I not pay. The intention is to pay, obviously as we both agreed it in front of the judge.
1. Should I be concerned about this hearing?
2. When my wife eventually sells the family home to benefit from the capital will I be liable to selling costs / solicitor and agents as the mortgage and deeds are in joint names. - I am thinking not as she has the benefit and indemnified me against any losses?
Submitted: 2 years ago.
Category: Family Law
Expert:  familylawexpert replied 2 years ago.
Hello,
My name is Mac. I can help you with your question. First I need a bit more information:
(i) When did the order say you had to pay the £12,000 by? Is there a reason that you have not yet paid?
(ii) In relation to the sale of the family home, does the relevant paragraph of the order refer to "costs of sale", or perhaps to your ex getting the "net sale proceeds"?
Regards,
Mac.
Customer: replied 2 years ago.

1 the order to pay 12000 is last week's, due by 27th

As for the house the order says to indemnify me in respect of any short mortgage payments and she gets the beneficial net and legal interest in the property. So I assume any sale costs are hers?

Expert:  familylawexpert replied 2 years ago.
Hello,
Thanks.
In relation to the house proceeds, yes it sounds as though she will meet the costs of sale (from the house sale proceeds), which is exactly what I would expect.
If you have not paid the £12k by the due date, then yes you should be concerned about the enforcement hearing. It is possible that you could be ordered to pay the costs of that hearing. If you cannot afford to pay the lump sum now, you should file an application for an extension of time to pay (and explain why), which is the best you can do in the circumstances.
I hope that is helpful,
Mac.