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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33323
Experience:  25 years experience of all aspects of family law
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My partner divorced her husband in July 2015 before they had

Customer Question

My partner divorced her husband in July 2015 before they had agreed an financial settlement. It was viewed at the time that both parties had about £25,000 in assets each. Although at the time both were consultants in the NHS on a salary of approx £80,000 pa with my partner looking after the couples 2 boys ( aged 7 and 13 ).
A property in 50/50 joint names has just been sold with £24,000 being the proceeds after bills and the ex- seems very reluctant to speak to my partner through his property lawyer or divorce lawyer to discuss or release proceeds from the sale.
I have suggested to my partner that taking him through the County Court may be the cheapest option in this case. He has also make excuses not to see his sons for 6 months as he has had a Muslim marriage and they have had a baby. It is rumoured that he may be moving abroad soon to work in Saudi Arabia as his new wife also a doctor in the NHS once lived there. I am thinking quick action is required while he is still around.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Who is actually holding the £24,000?

Customer: replied 1 year ago.

sorry it is actually proceeds of £48000 and the money is being held by his Conveyancing Solicitors Waller Needham and Green in Peterborough they are saying that they can not release any monies until there is an agreement

Expert:  Clare replied 1 year ago.

What agreement is she looking for - and equal division?

Customer: replied 1 year ago.
she is looking for equal division
Expert:  Clare replied 1 year ago.

Any idea why he doesn't want to have his share?

Customer: replied 1 year ago.
I believe it makes him so angry to find discuss anything with his ex- ........... so he doesn't which I believe frustrates his legal advises too !!!
So I think he feels better ignoring it and spending all his free time with new wife and baby daughter and leaving the past behind and unattended
Expert:  Clare replied 1 year ago.

Has Family Mediation been attempted?

Customer: replied 1 year ago.
It was considered but they couldn't agree where to meet as they work / live 120miles apart now
Expert:  Clare replied 1 year ago.

Does she have an address for him?

Customer: replied 1 year ago.
she does as he has stayed in his rented hospital flat in London for many years
Expert:  Clare replied 1 year ago.

My apologies for the delay.

I am afraid that using the County Court to simply sue for the money is not an option in these circumstances

The next step is for your partner to write to her ex and suggest that they both authorise the solicitors to divide the proceeds of sale equally between them.

She should go on to say that unless this is done within the next three weeks then she will start the process to issue an applictaion within the divorce proceedings for the finances to be dealt with and would ask the court for a larger share of the proceeds to reflect the fact that she has the care of the children.

At the same time she should arrange to attend a Mediation Information and Assessment meeting locally so that she is ready to issue the application in the new year if need be.

Even if he moves abroad the process can continue and the court can order the release of the funds.

I hope that this is of assistance - please ask if you need further details

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