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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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Clair, I have an endowment policy maturing on the 30th Sept

Resolved Question:

Hi Clair, I have an endowment policy maturing on the 30th Sept but my ex wifes nam is on as joint, she signed over her entitlement to it in a seporation agreement but the Prudential will not accept the document and insist she signes to release the funds
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your question I shall do my best to help youWas a final financial order made within the proceedings and sealed by the court?
Customer: replied 1 year ago.

No I am afraid not, just the settlement agreement which was written up by a solicitor who has since stopped practicing. The document was signed and witnessed.

I should be able to have the document re certified as true copy of original by the witness as I only have a copy.

Is there any mileage in pursuing damages against the Prudential around the misinformation (in writing) about the decree absolute also the precedence set by paying me compensation disscluding my ex wife (also much correspondence around as they initially refused)?

Expert:  Clare replied 1 year ago.
I assume that your ex will no longer co-operate with signing documentation?Clare
Customer: replied 1 year ago.

Absolutely not, and likely to use any news of its maturity to pursue claims upon the equity, the separation was acrimonious, worsened by my fight to keep custody of the children.

I could try offering monies to tempt her to sign but if she were to discover that I had no alternative, I feel sure this would not bode well, coupled with the fact that she has had several unsuccessful relationships / marriages since, leaving her needy of money at present.

Apologies for earlier, Clare not Clair! Doh!

Expert:  Clare replied 1 year ago.
AhHow much is the policy worth and how much have you paid in premiums since the separation
Customer: replied 1 year ago.

Maturity value is circa £20300

Since May 2000 i have paid £37.10 per month, so approximately £6826

Note if useful extracts from settlement document (would be useful if I could send you it but cant find a way to attache it to my reply) Ex was given half its value at the time.

Have a question, is the settlement agreement wort the paper its written on?

"Relinquish title to Prudential policy No 16881211
Redemption value £12,500 maturity date 1,10,2015 monthly premium £37.10".

All of the above is subject to a complete and final settlement. The agreement will be final and no claim will be made over and above that outlined above at any future time.

Expert:  Clare replied 1 year ago.
If the agreement had been turned into a court order and sealed by the court then it would be enforceable.The fact that this did not happen is the cause of the current problem.There are some ways through - not necessarily cheap ones!Assuming that YOU have not remarried then you can still apply to the Court for the Agreement to be turned into anOrder - either by Consent or after a hearing. Since your ex has remarried (at least once) she has no claim on you -OTHER than on your policy as that is still in joint names, but it is likely (not certain but likely) that if she tries to fightthe case the Court will stand by the agreementOf course it may be cheaper to offer her a token lump sum to sign to avoid that process.Sadly there is no claim against the Prudential (clever thinking though)Claire
Customer: replied 1 year ago.

Hi Claire

Apologies for delay have been in work all day.

Thank you for your response not the answer I was hoping for but most probably the one I expected.

I think that the way forward will be to take it to court. The Prudential wrote to me today saying that they are trying to track my ex down.

Are you able to represent me in this matter or can you put me in touch with someone who can?

Expert:  Clare replied 1 year ago.
You will need to trace her first before any application can be made - and indeed you also have to attend a Mediation Information and Assessment meeting with aFamily mediatorYou can deal with the applictaion yourself - of find a local solicitor on the websitewww.resolution.or.uk
Customer: replied 1 year ago.

I have read up on the MIAM on the internet and it looks tedious but necessary I shall arrange to complete one.

I can find out where she lives through one of my daughters, no problem.

Although just a copy, as mentioned I have a signed, dated and witnessed separation agreement that specifically mentions the policy as part of the monies of the settlement.

Do you think it will be binding enough to win my case?

Do you think I need to get the witness to re certify her signature (as it is a copy)?

Expert:  Clare replied 1 year ago.
I am afraid that the Agreement is useful as a guide to what was agreed at the time - there is no need for the witness to be involved at all
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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