How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Harris Your Own Question

Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1772
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Family Law Question Here...
Harris is online now

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: 3 months ago.
Category: Family Law
Expert:  Harris replied 3 months ago.

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

Customer: replied 3 months ago.
No we were not married and it was not ratified by the court
Expert:  Harris replied 3 months ago.

How old are the children now?

Customer: replied 3 months ago.
the children are 18 and 21 years old, the agreement was drawn up 8 years ago
Expert:  Harris replied 3 months 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 3 months 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 3 months 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 3 months 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 3 months 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 3 months ago.
If we lost, what sort of cost would we incurr?
Expert:  Harris replied 3 months 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 3 months 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 3 months 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 3 months 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.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)