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carla99

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Subject: Enforcing a Consent Order Overseas? Posted: Thursday, December 5, 2013 - 12:54:16

Hi, just wondered if anyone out there had any experience of enforcing a Consent Order overseas? I have been involved in a legal nightmare for over 3 years (having been divorced/separated since 1999) and now my ex isn\'t paying any money at all. I can\'t work due to health problems and still have two children living with me and my current partner. I have been to Court twice in the last year and on both occasions was awarded arrears plus costs, but at the moment he owes me £27K and is just ignoring everything my solicitor sends to him (including blocking his email account). I went to the Court office yesterday to ask about enforcing the order and they didn\'t have a clue what I was talking about! My ex works mainly in Switzerland (to reduce his tax bill) but it seems that even if I can file the papers it will take months to enforce (unless they decide to change the order) and it the meantime any arrears will be written off. I naively believed we could act like adults and sort this out ourselves but now my savings are nearly gone and I am trying to hold it together for the sake of the kids who are both doing really well at school (probably because they haven\'t seen their Dad for 18 months! - his choice). The legal system seems totally hopeless: I go to court and get judgement but no-one seems able or bothered to enforce them. My barrister told me that if my ex had turned up at the hearings they probably would have written off the arrears and I would have to have paid half the costs. It is so unfair but this only kicked off when he took his share of the equity in the FMH when I moved somewhere cheaper. Sorry to rant but would love to hear from anyone who had anything positive to say about enforcement! Carla

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sometimesitdoesn'twork

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Posted: Thursday, December 5, 2013 - 12:55:03

Is this maintenance or a settlement of capital? There are reciprocal arrangements with Switzerland for enforcing maintenance orders. The court should help you fill in an application form but not all court officials are very knowledgeable so you maybe need to refer them to the Official Solicitor\'s REMO unit. Once the form is completed it is sent to the REMO unit for certification and forwarded to the central authority in Switzerland. The order is then enforced through the Swiss courts according to local law. If it is capital it is a bit more complex and you really need the advice of a family lawyer with international experience.

carla99

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Posted: Thursday, December 5, 2013 - 12:54:16

It\'s maintenance plus a lot of legal costs. The court office down here is a joke so I am having to pay my solicitor to do it and just hope I get somewhere. I would just love to hear from someone who had used REMO and been successful as I feel it\'s all been useless so far. My solicitor is great but it all costs so much and I just wonder if it\'s all worth it. Carla
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