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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello On the divorce court order I was awarded certain

Customer Question

Hello

On the divorce court order I was awarded certain goods worth over £15k and my ex wife was to return them within 14 days. I was then ordered to release the proceedings of the joint marital home sale after 28 days.

She refused to released the goods saying she had no cash to pay the storage; so I agreed to release half, under promise my goods would be with me within 7 days. The rest of the money is being kept by our solicitor.

After 3 1/2 months and many stern letters, she return part of the goods which are worth about £5k. She says she does not have the rest (!) and if I want compensation to take her to court.

All the goods and values are documented and she does not dispute the goods nor value.

How do a I get an order to be awarded the cash equivalent? What form do a I need to fill and how do I address it to the court?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Was the value of the goods in question established within the Divorce Proceedings?
How much is she still due to receive from your solicitor?
Clate
Customer: replied 3 years ago.
No the goods value were not established; I have given the value to her and she does not dispute they are worth £9750.

There is £16k with our solicitor
Expert:  Clare replied 3 years ago.
Hi
How much of that is hers?
Is she likely to want it soon?
Clare
Customer: replied 3 years ago.
None of the goods are hers. I have been awarded them on the final court order.
All of the cash is hers but I have refused to release it as I have not had my goods which were due to me first - I have been trying to get them for over 3 years, hence why it was a condition they were released before she received the cash settlement.

Yes, I am sure she wants the cash, but she also knows I will not authorise release due to my goods not bring there
Expert:  Clare replied 3 years ago.
Hi
That's fine I was just checking where the balance of the leverage is.
You need to apply to the Court on a Form D11 to vary the order on the basis that the goods are no longer available and accordingly the Order should be varied so that you receive the sum of £9750 instead
The form is here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
and the fee is £95
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you, XXXXX XXXXX of my question was - how do I apply?

Do I need to take the form to court? Can I do it via the web?

Please, could you explain simply how do I do it? If I have to take it to court: who do I give it to? Do I need to add the original order to it?

I am based in London and the case was heard at the Family court in Farringdon.

Thanks

Expert:  Clare replied 3 years ago.
Hi
You complete the form and print it off
You then send it in triplicate to the Court that is dealing with the matter together with a cheque for the fee
The court will set a date for the hearing which you will need to attend
Clare
Customer: replied 3 years ago.
Thank you
Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Clare

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