If you have breached your divorce settlement agreement consent order or have received notice that your ex-spouse is considering taking action against you for breaching the terms of your divorce settlement, it is crucial to take expert legal advice at the earliest opportunity. If the court agrees to take action against you, and you are found to have breached the consent order, you will be liable for court costs and any legal fees incurred by both sides – in addition to any fines or penalties you receive.
If I am taken to court for breaching my consent order- who pays? If your breach was not as a result of an oversight, and you have committed a serious breach, or consistently breach the order multiple times, then it is likely that you will find action being taken against you. Whatever the situation, it is important that you take action to avoid being found in contempt of court. If a change in your financial circumstances is ultimately the reason for you not being able to make payments for example, it might be necessary to revisit and if necessary, amend the terms of the original consent order. If this is the case, it may be possible to rectify the situation without any further proceedings, but the courts would need to be satisfied that these circumstances are genuine, and not as a result of choosing to disregard the court order. In some cases, breaches of consent orders occur as a result of an admin error or misunderstanding. There may be a genuinely justifiable or understandable reason for breaching your consent order perhaps you have been made redundant or suffered injury or ill health which has had an effect on your finances or your ability to meet your obligations. Reasons for breaching a financial consent order If you fail to comply with the terms of the order, you may face any of the consequences above, including a real risk of receiving a fine or even a custodial sentence. If you have breached your consent order, you will need to fulfil your obligations under the order within a set period of time. Order a fine and/or impose a sentence which could include imprisonment for contempt of court.Issue a warrant of execution, enabling bailiffs to come and remove any items of value for sale in order to ensure that your outstanding payments are made.Sign any relevant documents required in order to execute the transference of your property or shares to your ex.Secure the debt against any property that you own – you may even be forced to sell your property.This is called an attachment of earnings order. Your employer will pay the money to the court, who will use it to pay your debt. Ask that a specified sum is directly taken from your wages if you have failed to make payments that you were obligated to, such as maintenance payments.
Depending on the circumstances, they might: Unless you can demonstrate that you had a good reason for the breach, the court will usually enforce the order, and you would be liable to fulfil your responsibilities immediately. If you fail to keep to the terms of your consent order, this may be considered a breach of a court order, which the court takes a very negative view of. What happens if you breach a consent order?
Because it is a court order, any failure to comply with the terms of the order mean that you are in contempt of court, which is a serious offence. Once drafted and agreed by the court, it becomes legally binding any changes to it must be appealed and upheld by a judge. What is a divorce consent order?Ī financial consent order is a written document detailing the agreements made between a divorcing couple concerning their financial affairs and any payments due from one party to the other, such as for the maintenance of children. If you become aware that charges may be brought against you, call us today for immediate assistance. A consent order decreed by the court is a legally binding document, and failure to comply with the terms can, in the most serious cases, put you in contempt of court.Ĭlifford Johnston & Co are family law solicitors with extensive experience of assisting clients who find themselves accused of breaching a court order. If you have breached your consent order following your divorce, you may find yourself facing serious consequences and in need of expert legal advice.
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