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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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As part of my separation agreement, my ex partner stated

Customer Question

As part of my separation agreement, my ex partner stated that it was his ' intention' to leave fields in trust for our two children. After 7 years of separation, the fields are to be sold. Obviously, They have not been put in trust by him for our children . Is there anything I can do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Please confirm if you were married and if the agreement was ratified by thr court?

Customer: replied 1 year ago.
No we were not married and it was not ratified by the court
Expert:  Harris replied 1 year ago.

How old are the children now?

Customer: replied 1 year ago.
the children are 18 and 21 years old, the agreement was drawn up 8 years ago
Expert:  Harris replied 1 year ago.

Thanks for confirming. Given that there appears to have been a formal agreement, and the children are now adults, it would be for them to pursue a claim against him regarding the agreement and his previous intention to put the fields on trust. This can be done using form N1 and a £355 court fee to their local family court if no agreement is reached between them.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 1 year ago.
If we submit an N1 form, will this halt the sale of the fields or will they still be able to be sold?
Expert:  Harris replied 1 year ago.

Yes, but they will need to apply for a freezing injunction to stop the sale - you can read more here: http://www.compactlaw.co.uk/free-legal-information/injunctions/property-injunctions.html

If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 1 year ago.
This is the clause in the seperation agreement, in your opinion would we be sussessful if we applied for a freezing injunction and submitted a form n1?
Expert:  Harris replied 1 year ago.

Thanks - it is clear from that screenshot that the specific land was to be transferred and held on trust and if this has not happened and there is risk of it being sold, then they would have good grounds to pursue an application to prevent the sale.

Customer: replied 1 year ago.
If we lost, what sort of cost would we incurr?
Expert:  Harris replied 1 year ago.

You may be liable for his legal fees and he woukd be at risk of their legal fees too. It will be helpful to send him a letter before claim first if they do not want to take the risk

Customer: replied 1 year ago.
What about the phrase 'current intention' how concrete a commitment is that to put the fields in trust? Or does this give him wriggle room to change his mind
Expert:  Harris replied 1 year ago.

That demonstrates that he had an intention to do this and in most disputes it is proof of intention that is required for the courts.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.