UK Family Law
UK Family Law Questions Answered by Verified Experts
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?
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
What agreement is she looking for - and equal division?
Any idea why he doesn't want to have his share?
Has Family Mediation been attempted?
Does she have an address for him?
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