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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How is financial settlement enforced in a divorce?

Resolved Question:

How is financial settlement enforced?
I'm going through divorce. We've reached decree nisi and i'm taking my husband to court in order to progress financial settlement. When we reach financial settlement, if it's decided that my husband has to pass some of his assets over to me, how does the court ensure that it happens? Likewise his pension? If it's decided that he has to pay me maintenance, but he's a businessman with a fluctuating income, how is this enforced?
Grateful for your advice.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
The court makes the Order - and if your ex fails to co,ply with it then you can apply to the court to enforce that order
So if it is a property for instance you can ask the Judge to sign the paperwork instead.
If it is a pension Sharing Order then you yourself can deal with his pension company.
If he has to pay spouse maintenance then an amount will be set that reflects his annual income and you can enforce that is a number of ways detailed here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Thanks. I'm concerned that my ex will take an extrememly aggressive approach. He has avoided all collaboration and mediation. He has displayed a disproportionate sense of entitlement throughout our marriage and I have every expectation that he will be the same in divorce.
His solicitor seems to be happy to feed this - frequently describing my behaviour as unconscionable. Although his solicitor may now be getting the measure of the man - particularly evienced by his inability to respond to requests for financial information.
What is your experience of these types of high conflict personalities in divorce cases and what kinds of steps can my solicitor and I take to guard against it?
Thank you as always for your sage advice.
Expert:  Clare replied 3 years ago.
Hi
No need to do anything except stay calm - provided you do not let his attitude rattle you then all will be well
Make sure your solicitor ensures that he/she has considered enforcement options for every part of the Order!
Clare
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