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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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Can you tell me about enforcing the financial provisions in

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Can you tell me about enforcing the financial provisions in a consent order and what sanctions are available thnxks
JA: Where are you? It matters because laws vary by location.
Customer: Uk
JA: What steps have you taken so far?
Customer: none need letter before sction
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the breach relates to preventing sale of family home etc as per consent order

Good afternoon. I will assist with your question - be aware this is an email not chat service.

can you give me all the background to this please -

and who is preventing the sale and how?

Customer: replied 1 year ago.
Persistent breaches of financial parts of consent order by ex wife especially not facilitating sale of home - order said in October for house to be sold forthwith , also not paying house insurance and not keeping it tidy, refusing viewings etc. Want a letter setting out next steps to enforce order and setting out possible court sanctions before issuing proceedings in next 2 weeks
Customer: replied 1 year ago.
I would like to proceed by email not phone - how much is it
Customer: replied 1 year ago.
Can you tell me when I can expect a quote

The ultimate sanction is an application to court for a committal order for the non-compliant party to go to jail.

In respect of the Order for Sale, it’s a further application for your ex to move out of the house, to clean it before they do so and not be present when viewings take place and cooperate with the sale process and signing any necessary papers.

You can threaten an “unless order” which is an order that unless something happens by a particular date then something else happens.

In your case it would be unless he either cooperate or moves out by, say, next Friday, 12 June, you will make an application for an unless order compelling him to comply by a particular date failing which you will make a further application for committal.

You can’t go straight for committal now even though I am sure it’s an attractive proposition.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 1 year ago.
is an unless order the only thing I can threaten - I thought I could apply to court to get them to enforce it. She is refusing viewings so property not getting sold .what ares the sanctions if she doesn’t pay me back when she has indemnified next in the consent order

Depends what you mean by enforce it. The court cannot beat them with a stick either in the ultimate enforcement is the threat of jail. The court can make what orders it likes but the only way of enforcing ultimately is prison.

If she doesn’t pay money which you are entitled to you can enforce using bailiffs, attachment of earnings order, third party debtor order, bankruptcy

Customer: replied 1 year ago.
Just need the property sold so want to threaten her with court order transferring conduct of sale to me and the marketing etc and if need me signing sale documents. How do you enforce indemnity too as she owes me money
Customer: replied 1 year ago.
I am still confused as to what to write in the letter before action. The consent order already has a warning notice. So do I need the unless order? I want to enforce the order for sale clause so what should I write... thanks for this

The consent order does indeed have a warning notice is all such orders do you still need to send the warning letter.

Doesn’t need to be particularly legal, it just needs to say how it is.

Unless you do this by a particular date I will be making this application to court for XYZ.

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