breech of consent order how to apply to the court

Hi im asking this question on behalf of my partner hes finally got divorced after 5 years and admitting to adultry which was (untrue) so that it would only take 6 months! anyways as part of the divorce the Consent Order was made that his ex pay the morgage and is also fully responsible for all the bills concerning the property the order also stated the she had to sell the house, the house has been on the market for just over 2 years and had one pointless buyer for a year and then viewings for a while but then as soon as the consent order was made april 2009 they agreed to drop the price twice and then his ex made things more difficult the estate agents cannot gain access to the property or get any response from his ex we got a letter from her solicitor telling us that she wasnt paying the morgage also i got a financial statement from the morgage company prooving this, so if im correct my partner needs to make an application to the court to explain that his ex is not complying with the consent order? what exactaly needs to be put in there ie evidance that his ex is not paying or communicating with the estate agents just need to know the basic layout

any advice would be much appreciated

cheers

Hi,

A Court order whether the order has been negotiated by agreement or made by a Judge following a contested hearing is just that ...an order agreed and accepted by the court. If the Court dont know said order is not being complied with they cannot do anything. Sols, barristers, advocates, counsel, exes..cannot change a court order...they can piss you off/wind you up/bankrupt you in the process...but they CANNOT change a court order. Courts dont like their orders being defied and predominantly and quite rightly award costs to be borne by the non compliant party...the consensus of those of us here that are at/passed that stage is....get your butt back into court asap...and tell the court....no need for a sol to say this. The Court has options to choose from to help you enforce your order. I am not knowledgeable in the procedure/form used for this in eng/wales however those in the know will pick this up and direct you...good luck.

Elle x

And to do what Elle suggests file form D11 with court, then you will have some time to explain the problem to a judge and for the judge to provide the solution.

Refusing to comply with the order of a judge is contempt of court and as Elle says they don`t like it.

thanks both i did more research and found form d11 just got to get my partner down the court know as he struggles to get a day of work,he doesnt have a solicitor hes always self rep, hopfully we can get something sorted the annoying thing is that his ex doesnt live there permanantly she get benefits to help pay the morgage and she spends most of her time with her boyfriend at his house shes not been paying the morgage and when she does pay its in drabs which is silly as she gets csa child benefit council tax and part of her morgage paid its a nightmare the house nearly got repossed last year and me and my partner lent her £1000 which we cannot get back untill the house is sold, there must be some sort of enforcement time limit the judge can add so that the house is to be rented out if she cannot afford to pay the morgage? the house has been on the market for about 3 years and recently she has been making things difficult for the estate agents to get access to the property my partner doesnt have a key and there are potential buyers waiting to look at the property, its got to the point know, my partner is waiting yet again for the morgage company to reposess as it would better that way.

any ways thanks for the responses