Breach of Consent Order

My consent order was approved by the court in August 2009. Most of the financial conditions contained within it were met by both parties immediately. However, the final condition orders my ex to pay me '£x within 30 days of my vacating the MH, or 31st July 2010, whichever is the sooner'. This being the balance of my lump sum settlement. Other clauses allowed me to stay, unmolested, in the MH until 31st July 2010. As my ex had a history of aggressive and abusive behaviour this clause ensured that he would be liable for the balance sooner should his behaviour force my early exit from the MH.

After repeated approaches from me, my solicitor and his own solicitor,my ex has finally agreed to pay me the monies due - plus the costs of the legal fees incurred to date in transacting it (this being an offer of compensation as quid pro quo for a separate issue). However, he has also indicated that he will not comply within a timely fashion and will delay the payment past the due date (30th August 2010). Given my history with my ex, I suspect that this offer to pay may either not materialise at all - or will require further legal action to settle.

I understand that I can apply to have the consent order enforced. Given that I do not wish to appear unreasonable to the court, but also given that I have no wish to incur yet more legal costs which I cannot reclaim via the court:

1) How soon should I apply to have the consent order enforced?
2) Will the enforcement affect my ex's credit rating (as would a CCJ)?
3) What would be the best form of enforcement given that my ex resides/works overseas but has substantial assets (including the MH)in the UK?
4) If I request a charge on the MH, would the amount of the charge be the subject of the 8% annual rate of interest(the lump sum o/s is greater than £5000)?
5) Also would the charge include the amount of any costs awarded as well as the lump sum?
5) Would I be able to include the legal fees which I have incurred to date (and which my ex has made a written offer to pay to my solicitor) in the total charge on the MH? Would this sum also be the subject of the 8% interest?

Sorry for all these questions but I thought that breaching consent orders was considered in a poor light by the courts, but I may be wrong.

Many thanks for any advice anyone can offer.

You need to go back to your Solicitor and ask them to deal with this.

Thanks for your help.

FYI (and any others with a smiliar issue). Having taken legal advice.....

A breach of consent order is subject to the same penalties as a breach of CCJ. Therefore, there are various actions which can be requested from the court: attachment of earnings, petitioning a third party (e.g. bank) to claim asset (such as contents of bank accoint) and requesting a charge on a property.

The interest begins from the day following the breach - and the rate is a statutory 8% (but only payable on sums over £5,000). If costs are requested (and granted) then they may also be added to the o/s lump sum and charged against the property (at the discretion of the court).

Nothing is ever absolute but, generally, courts take a dim view of anyone breaching a consent order (an amazingly robust reason/defence is needed) - and costs are also generally awarded against the party in breach.

Still unsure whether credit rating would be affected.

My solicitor advises that it's very rare for anyone to breach a consent order for the above reasons. My ex has pushed his luck to the limit. He paid.... but late - and on the day before I intended to apply to the court.I'm just relieved I'm spared any more problems and (at last) am finally (and completely) free of him.

Happy day.