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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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The divorce settlement, seven years ago, included a

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The divorce settlement, seven years ago, included a maintenance payment to my wife of £2,000 per month on top of her gaining sole rights to the three properties that we jointly owned. The term was for 10 years with no Section 28 bar. We had no children from the marriage but we were married for 14 years.
I work overseas so I reneged on the financially catastrophic court order for the maintenance payment. It would have been complete financial ruin for me & I felt that the Priciple Registry so totally favoured the wife so an appeal was out of the question. However, I now have the opportunity of a return back to Manchester for a new job. Where would I stand if my ex wife tracked me down?

Hi, thank you for your question. As you have not complied with the order she has a right to apply to enforce it and this will be a claim for arrears by her.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Hi, I note you have left a negative rating. Please could you confirm what you are not happy about so that I can provide you with all the information you require to resolve this matter.

Customer: replied 1 year ago.
Dear Harris,Thank you for your response, however, I already knew the basic answer that you gave, I honestly didn't need to pay €43 for that. More to the point how can she enforce the order, i.e., when she takes me back to court (should she find me) what will the court do, am I in contempt of court for not complying with the court order, if yes, what are the implications? Would I have to pay her court fees? Could the court force me to pay the arrears within a certain time frame? Can they seize any of my assets towards the claim for arrears?Please answer the above,
Best regards

Apologies for the delay. Breach of a court order will be considered contempt of court and the court will consider their enforcement options and whether the breach was reasonable. If it was not, the court has discretion to order fines, seizure of assets or imprisonment.

Furthermore, it is more likely than not that a court will agree that failure to comply with an order should result in a costs order also being made against the breaching party. In relation to the payment of arrears, the court will consider a repayment plan or potential lump sum depending on assets at the time.

I hope this further assists you. If you found this information helpful please consider reviewing your rating. Thank you.

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