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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35049
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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My ex husband (who resides in Brazil) is in breach of his

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My ex husband (who resides in Brazil) is in breach of his Maintenace and mortgage payments under a UK consent order. I have commenced initial application towards REMO for Brazil, but I fear it could be months before anything happens.
Is there anything preventing me from applying to the UK Courts, in parallel, for enforcement as he frequently visits the UK to see our 4 children?

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How far in advance are you aware of his visits?

How far has the REMO process gone

Customer: replied 1 year ago.
ClareConcerning the visits I know that he will be in UK before Christmas from the 14th December to the probably 23rd December, but otherwise knowledge is heard via the children and the next time might be Easter. Usually 3-4 times a year.I have submitted the initial one page application together with a copy of the consent order and they have confirmed receipt by email and said they would hopefully get back to me within 20 days. They were assigning a case officer. The initial form was submitted on the 18/9/16.Please note that I also wrote to my ex husband last week informing him that I was starting court applications, but did not say via REMO. I also made a without prejudice offer to give up rights to child and spousal maintenance if he pays off the remainder of the mortgage on my house early and pays the £50k in lieu of pension sharing arrangement under the consent order. He is required to do this by his official UK retirement age in Late 2021 under the consent order.He has a Killick &Co Pension and I would like to know whether the UK court could force early payment by putting this into drawdown before his official retirement age if he continues to not to meet his obligations under the consent order. My biggest concern is that we have a joint and several repayment mortgage and I don't want the building society to repossess my house. The house is part of my share of the marital assets apportioned under the consent order. He is required under a letter of trust to transfer his part of the deed to me when the mortgage is paid off in 2021. He is responsible under the order to pay the mortgage instalments.

Does he have a Uk bank account?

Do you know where he will be staying in December?

Customer: replied 1 year ago.
Not sure about the bank account, I think he has a Lloyd's bank account which he was using to pay the mortgage, but it could also be his fathers account.
I would guess that he'll be staying with his sister and father in Warwick.

You should suspend the REMO system for now - it is an either or process.

You should then apply to the Family court for a Judgement Summons

and seek a hearing date during the period you know that he will be in the UK.

Your ex will then have to pay, or not return to the UK, of face prison.

You can read more about the process here

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for that extremely helpful reply. The next question is, how will the Court serve the summons to my ex husband in Brazil? Or do they need to serve it to a UK address?