In most cases, if there has been a breach, the consent order will be enforced by the court. If the court agrees that there has been a breach If the court finds that there has been a breach, then the person who has broken the order will have to cover the court costs and any solicitor fees of both sides.Įither party may represent himself or herself, or hire solicitors to do so. If the case is seen in court, then the party who has initiated the case pays the fees. On it, you state that you think the order may have been breached, and that you would like it to be enforced.Īt the same time you send the form to the court, you should send a copy to the other party so he or she is aware that he or she is likely to face court action. You might consider obtaining help from a solicitor in completing this form.
If your ex-spouse does not respond, you can report the breach to the court using a D11 form. Doing so strengthens your position as a reasonable and fair person. It is good practice to send a warning letter to your ex-huband or ex-wife before you report a breach so that you provide him or her with an opportunity to meet his or her responsibilities. Unless there is a good reason for breaking the agreement, the person would be liable to fulfil his or her responsibilities immediately. If one or both parties breach a consent order by failing to carry out obligations such as paying maintenance, then the order can be enforced.Ĭonsent orders are approved by courts, so a breach of one is effectively a breach of a court order - something that courts look very unfavourably upon. However, having an order approved by a judge does not always make the contents final.
Payments could, possibly, be for the life of either party. The implication of this is that recurring regular payments (such as maintenance payments, child care payments or insurance premiums) have to be paid until an event specified in the order occurs (such as the party receiving payments remarries).
Once the Court has approved a draft consent order it is legally binding and cannot be changed unless an appeal is upheld by a judge.
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