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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Marital Law query. I got divorced and the absolute was pronounced

Customer Question

Marital Law query.
I got divorced and the absolute was pronounced on 10.09.2015
A Consent order was drafted and signed early December 2015.
I got remarried in Jamaica to a lovely lady on 09.01.2016 and she is fully dependant upon me - I was advised that this re-marriage could not affect my financial settlement unless she has substantial capital - she has no capital an still lives in Jamaica.
Having not received any reply, I emailed the Applicant's lawyer demanding documentations to confirm the Consent order was submitted and all correspondence he received from the Courts.
Today I received a reply showing the Consent Order was approved on 15.02.2016.
However, the Solicitor confirmed that his client has ask him to write to the judge to question the authority to approve the Order based on my remarriage. This he advised was done 10 days ago. My calculation is that is about on or about the 20.03.2016
The consent order stated I should have received a payment on the 28th day after the Order was approved ; that should have been on or about the 13.03.2016.
I am of the opinion that the applicant is now in contempt of court because she waited until after she should have made a payment to question the approval.
Am I correct? If I am correct, are their any grounds to claim damages?
Many Thanks.
Denton Angus
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhich part of the UK are you in?On the financial form which accompanied the Order did you say that you intended to remarry?
Customer: replied 1 year ago.
I am in London...
There was no such question on the form but I had a solicitor at the time and I advise of this.
Customer: replied 1 year ago.
My address is kt6 6sq 6sq
Expert:  Clare replied 1 year ago.
This is the form that had to be submitted 11 relates.What did your form say?
Customer: replied 1 year ago.
I did not used that form...I will send you the document I a few moments
Expert:  Clare replied 1 year ago.
Customer: replied 1 year ago.
here is the document
Customer: replied 1 year ago.
Have you received the document?
Expert:  Clare replied 1 year ago.
That is the Order.When that was sent to the court the D81 should also have been sent UNLESS you had both submitted Forms E to the Court?
Customer: replied 1 year ago.
What is form E? Where dos this leaves me? are you saying the wrong procedure was not followed and if so why did the judge not instructed that this was so?
Expert:  Clare replied 1 year ago.
No I am not saying that.The Court would not have made the Order unless a D81 was sent in - what you need is a copy of that
Customer: replied 1 year ago.
Who would have completed this form? If it was submitted without my signature, what is the consequences of that?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
I am not happy with the service I have received.I have provided all information request and I have been waiting for a response for more than 2 hours.Up to now I have not received the answers to my questions.I am requesting a full refund.RegardsDenton Angus
Expert:  Clare replied 1 year ago.
My apologies for the delay - I was unexpectedly called away.IT is entirely possible that your Solicitor not only prepared the D81 but also signed it on your behlaf
Expert:  Clare replied 1 year ago.
You need to ask the solicitor for a copy - or get a copy from the Court.If it confirms that you had an intention to remarry or cohabit then there is no basis on which the Order can be reversed.If it does not then your ex can ask the Court to reopen the matter - although from what you have said there is no reason why the Order should not stand.So far as the payment is concerned she is indeed in breach of the order and you can apply to enforce it - you can claims the costs of doing so but no other "damages"I hope that this is of assistance - please ask if you need further detailsClare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I will give you a rating soon....I have emailed the Solicitor in relation to the D81 form I had no idea about.Can you advice on the best way to request documentation to the court?And how do I go about enforcing the consent order?..Thanks.
Expert:  Clare replied 1 year ago.
You simply write and ask and pay the copying charges.Enforcement depends on the circumstancesAlthough this guide about maintenance it does set out the options
Customer: replied 1 year ago.
I would have given a better rating but I had to wait over 5 hours for a reply
Customer: replied 1 year ago.
I want to take the opportunity for an expert to provide additional answers.I now realised that I did not stated on the D81 form of my intention to marry.Is this going to delay the implementation of the Consent order?And if so, how long will it take for the Courts to be satisfied that my marriage has not improved my financial status but is currently worse off.I am currently servicing 2 homes with my salary.Will I need to give the courts additional information to this effect and what information would I need to provide?Also, will this process stops me from asking g for interest to be paid from the date monies are due based on the date the Consent Order was approved?.Thanks in advance.DENTON ANGUS.
Expert:  Clare replied 1 year ago.
Did you say that you had NO intention to cohabit or remarry?
Customer: replied 1 year ago.
I did not complete that part....I would net have written that either.... I did not ask for maintenance.Just a share of the equity and pensions..To confirm. I did not write anything in that was left blank.
Expert:  Clare replied 1 year ago.
Just to check have you looked at a D81? you leave section 11 blank?
Customer: replied 1 year ago.
I can confirm it was left blank.
Expert:  Clare replied 1 year ago.
That is unfortunate - and frankly I am surprised that the Court accepted it in that case.However what is done is done and the fact that it was left blank does enable your ex to potentially apply to the court to have the Order set aside so thatit can be re-negotiated on the basis that you are living with another personThe question will be whether or not your ex choses to do so - and if she does then obviously the basic overview of your new wife's income and capital position will be required.There is no requirement for you to be financing two homes - the only ongoing sum that is payable is the Child MaintenanceYou can still apply to enforce the the Order and ask for the interest as well