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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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I am divorced and have a court order regarding paying off my

Resolved Question:

I am divorced and have a court order regarding paying off my ex husband. I have been unable to secure a mortgage so as per the court order will be putting the house up for sale. I have just been made redundant and he now wants me to use this money to pay him - do I have to do this?
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.
What is the exact wording of the order relating to the payment?
Clare
Customer: replied 2 years ago.

Lump Sum Order

The wife shall pay or cause to be paid to the husband a lump sum of £22,500 before 3 July 2015.

For avoidance of doubt, no interest shall be paid on any unpaid sum on the basis of the default position re sale provided for below.

In default of paragraph 1 above the family home shall be sold immediately and the property shall be marketed initially at a price not less than £265,000 and shall be sold for such a price as agreed between the parties or in default of such agreement as determined by the court.

Expert:  Clare replied 2 years ago.
Hi
May I ask why you do not wish to pay him off?
Clare
Customer: replied 2 years ago.

Not that I don't want to - just that I don't have a permanent job and I have loads of debts which he was happy to leave me with so don't feel I am in a position financially to pay it to him.

If you don't have an answer on this please say so and I will go elsewhere

Expert:  Clare replied 2 years ago.
Hi
Your ex will not be able to force you to use your Redundancy payment to pay his lump sum.
The Order makes clear provision for what happens if you do not pay the lump sum - and provided you are actively marketing the property then that is all that is required
It is entirely possible that your ex will be daft enough to try and take the matter back to court - the fact that you have a clear and understandable reason for not using the monies will help keep it a short lived one!
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

That's great - the end of the court order says if I don't pay but have the means then I may go to prison?! I think its a standard Enforcement of Undertaking for the payment of money.

He also says I have to put the house on for £265,000 but the order says not less than and the market value is £295,000 so I assumed I could put on for £295,000 at least to start

Expert:  Clare replied 2 years ago.
Hi
Can you just tell me a little more about that clause - and I would suggest £290,000 to show that you are serious about the sale
Clare
Customer: replied 2 years ago.

It is attached to the end and is titled PRACTICE DIRECTION 33A FPR 2010- ENFORCEMENT OF UNDERTAKINGS

There is an enforcement of undertaking to do or abstain from doing any act other than the payment of money which we have both signed and then an Enforcement of undertaking for the payment of money which has not been signed

Expert:  Clare replied 2 years ago.
Hi
Do not worry - you were Ordered to pay - you did not simply promise to do so - and it is the promise that could have been enforced in that way!
Clare
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