Financial Matter - Enforcement of a Consent Order in a High Asset Case

We, at Hepburn Delaney, receive many enquiries about financial matters in divorce, with some being quite complex due to the high value assets.

Background

Mr. Adham* was married to Ms. Bailes* and we had formally dealt with Mr. Adham’s divorce and financial settlement. The assets within the marriage were of a large sum, so the Consent Order for the financial aspect of the divorce was complex.

Proceedings and Solutions

A Consent Order is a legal document that confirms your agreement made with your husband or wife upon divorce. It explains how you are going to divide up assets like pensions, property, savings and investments. This can also include arrangements for maintenance payments, including child maintenance. To make an agreement legal binding you need to draft a Consent Order and ask the Court to approve it.

“We, at Hepburn Delaney, receive many enquiries about financial matters in divorce, with some being quite complex due to the high value assets. Allow our expert divorce solicitors to support you.”

A few years later, Mr. Adham re-instructs us to deal with issues of enforcement and breach of an undertaking relating to the financial settlement.

An undertaking is a legal promise given by one party to the Court which can carry severe consequences if breached. These include contempt of Court, imprisonment, fine and or seizure of assets.

The Results

There were clauses within the Consent Order that were being contested, one included one party reimbursing the other party for the cost of a membership that they both enjoyed during the marriage. The other clause contested was related to the same membership as above however this was to do with one party maintaining the membership subject to compliance with the other clause above. Wording is very important when drafting a Consent Order for parties with high and complex assets. 

In this case, a new Consent Order would need to be drafted if the parties come to an agreement or an application to court would be made so that the Judge can decide on the matter. Contact us today and allow our expert divorce solicitors to support you with your requirements.

* Disclaimer: The names used in the following case study have been changed to protect the confidentiality and anonymity of individuals involved in the case.