what happens after the final hearing?

Hi to everyone

Im no computer wizzard and even though this site is probably really easy to navigate This is my first time and not really sure what im doing ha ha ha so here it goes....

After a long and simply dreadfull marriage to a control freak who like his drink I eventually put in for divorce in february 2007 ( I WAS TERRIFIED, HE DIDNT MOVE OUT FOR ANOTHER 6 MONTHS, I WAS ABUSED EVERY DAY OF THAT SIX MONTHS, I WAS A WRECK, CRIED EVERY DAY BUT IT WAS THE BEST DECISION I HAVE EVER MADE) The divorce was final in may 2008, after a very long costly court battle over financies, well basically the house...the court ordered that the house be put into my sole name and a charge back order raised to cover his portion of the equity in the house, so he doesnt get his money til the house is sold.Which wont be for a few years yet.It was agreed through our solicitors I would pay and arrange the transfer of deeds and mortgage to me and he would pay for the charge back order to be raised. So I kept to my side of deal and house papers are ready to go ...but he wont even comunicate through his solicitor. Ive been told so far to either raise the charge back order myself and send it to him hoping he will agree to contents and sign ( which I doubt very much, as he has held up the proceedings from the very begining)or apply to court,go through another court case ( already had 3) to get house papers and charge back order signed by judge....costing me around 3000 pounds. The divorce has already left me with debt I cant afford to pay for another day in court..Has anyone out there been in a position where the Ex wont comply with the Judges order.Please help even if you can only tell me what happened in your case.

I have never been in your position. My case was settled at FDR. Not many cases got to FH. At a guess I would have thought that you need to enforce the order. More cost I think. Now thinking about this lateraly, I would just leave it. The charge will be in his favour. If the charge is not in place then he wont get his money. Easy. Sod him. C.

I am in same situation - although after several attempts and much pleading my ex did sign the house over to me. I would have had to get the house signed over by the judge if he hadn't have done it. My sol then changed the deeds so the house is in my name and ex still hasn't regsterred his charge - but that's his problem. He's now cottoned on that he should register his charge so his solicitor is now badgerring me to sign his form.....off we go again! The mortgage had to remain in joint names so not sure what you do about getting it in your sole name. I would get the judge to sign the house over to you if you have done your best in asking him to do it himself and leave the ex to register his own charge. Hope this helps
DM X

Thank you for your reply. Its nice to get a second opinion. Im not sure where i stand with not raising the charge back order, not sure if court would sign house over without it and dont want to leave any loop holes for him to fight again in future but the 2nd online reply i received sounded promising so I think Its worth looking into and as you said sod him....Thanks again

hi cheekychops

Bit of a thorn in my side, court orders.

My husband (ex walked out 5 years ago, court order 3 order 3 years ago)

A court order was made, stamped by a judge.

You think when a court order is made that it HAS to be carried out. NO. either side can stall, vary it, right up until it goes back to court.

A solicitor DOES NOT have the power to enforce a court order, dont waste your time involving yourself in pointless correspondence. Take it straight back to court. You think that it might be expensive, but, sometimes the mere threat will cause a move from the other side. My husband has spent thousands of pounds trying to defend, his ex, and her stupid, well say stupid, she has earnt herself a lot of money:woohoo: trying to vary the court order. It is due to to go court on 8th Dec, but we know the ex will back down on the term.
Why would a solicitor want to stand if front of the judge and explain, why, they tried to vary HIS order.

My only experience in this, would be, apply to the court immediately, get a date for a hearing. Your sol should pull together a good defence, if not, do it yourself.

Court orders if they are not complied with can go on for years.

If you want to know more pm me or look on court outcomes on the forum and you will see most of my posts.

People celebrate when they have a court order, but that is only the beginning. Please dont waste your money on trying to enforce it with a sol.

zara

Hi cheeky chops,
I am in similar situ to you but in Scotland...just wanted to reasure you that someone here will be able to advise you....like you i have been against someone who defies the courts....it appears that if you need to enforce an order against someone that person will pick up the costs....unfortunately this may mean more outlays, delays and stress to get this.....hang in there...its tough...but there are many on here with the knowledge/experience/wotever to help you
Elle

Thanks every one for your advice and kindness. I was feeling very frustrated and alone...