Breach of Court Order

I finally completed my divorce in December following a Clean Break order.

My ex husband only stipulated a few items he wanted from the house and these are listed in the order. Last weekend he entered the property and removed other items that were not listed.

My solicitor wrote to his however I truly believe he thinks he is above the law and the rules do not apply to him. He should of been informed by his solicitor not to remove anything further, or close an account he is not supposed to.

My question is what is the process for repeated breach of an order?

Any advice gratefully received - thanks.

If the property is now yours and you are no longer married, he has no right of entry and his actions could be reported to the police.

If there are clearly elements of the order with which he is not complying, you could consider an application to the court for enforcement.

Hadenoughnow

Thank you hadenoughnow.

The house is due to be sold with a split in favour of myself (70%-30%) therefore he still has a key and is deemed as a part owner of the house.

If I apply for an enforcement what form does this take? Is it like a written warning type of thing?

JB

When is the sale due to take place?

He may have a 30% share and a key but you also have a right to privacy. He cannot just swan in and take what he wants, when he wants.

If he has agreed items to collect, he needs to give notice and a schedule of items that you can put ready for him.

If he has taken things he should not, they should be returned - unless of course they are not required by you.

I would suggest a short letter to him/his solicitor reminding him of the above and warning that you will revert to court if he does not comply.

Hadenoughnow

Thanks for responding again hadenoughnow

The house has been on the market for nearly eight months which is not helping. It has not yet sold.

He listed a few items in the court order however some of these have been collected along with the items he should not of taken.

My solicitor did write to his who were going to talk to him. I just wondered what the actual ramifications would be for him if he continues his attitude of doing what he likes regardless?

Obviously from my point of view I do not want to have to keep paying for solicitors letters etc when he is at fault but if I have to take it further I will.

JB