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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I have a date for a Judgement Summons on 16th December for

Customer Question

I have a date for a Judgement Summons on 16th December for my ex-husband. If we manage to agree a settlement beforehand, what do we do? Do we draw up the agreement, both sign and still turn up to show the Judge so that he can sign it off? I have absolutely no idea of how these things work.Also, should I take a solicitor/barrister in with me, or do I represent myself?
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 7 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Do you mean what do you do if he pays in full?

Customer: replied 7 months ago.
I do. If he pays everything I would like him to and we reach an agreement before the Court hearing on the 16th, what steps do we take then, and do we still turn up to the Court on the day?
Expert:  Clare replied 7 months ago.

If he pays in full then you should email the Court and ask for the applictaion to be dismissed

Customer: replied 7 months ago.
Do we just draw up an agreement and both sign or what?
Expert:  Clare replied 7 months ago.

If he pays in full no agreement is required

Customer: replied 7 months ago.
He has said he'll pay in full but it will be spread out over 5 years as the money will be coming from his pension pot.
Expert:  Clare replied 7 months ago.

Are you willing to accept that?

Why not hold out for the full amount he owes you?

Customer: replied 7 months ago.
I'd much rather he paid the £106,000 mortgage off in full but am I being unrealistic? The costs involved with early repayment on the mortgage & tax implications taking that amount out of his pension pot in one go are high. He has implied he can do it but over 5 years. The same applies for a £50,000 sum towards my pension pot, he can do it but in a staggered way over the 5 years. Should I hold out for it?
Expert:  Clare replied 7 months ago.

Remind me how much he owes you?

Why are the tax issues your problem?

Clare and other Family Law Specialists are ready to help you
Customer: replied 7 months ago.
If we agree a settlement before the Court hearing, how do I go about legalising it, otherwise he can say he agrees to it all and then not do anything? Does the Court need to see it? Do I need to get a solicitor to draw up a legal document?
Expert:  Clare replied 7 months ago.

If you wish to ensure that the new arrangement is enforceable then it would be best to have a new Order drawn up by a solicitor

Customer: replied 7 months ago.
how much approximately will that cost?
Expert:  Clare replied 7 months ago.

I woudl have expected it to be about £200 but you should get some quotes

Customer: replied 7 months ago.
I'm trying to do most of this myself for financial reasons. Is it (like the Judgement Summons) a question of downloading a form from online and filling it in or do I need to get a solicitor to guide me? If it can be downloaded, what is the number of the form?
Expert:  Clare replied 7 months ago.

No it is not a downloadable form.

As I understand it you expect to be renegotiating the terms of the original order rather than simply enforcing the amount that he owes you

This being the case it will be better to get a solicitor to do this.

Given that he faces prison if it is not resolved then I suggest that you ask him to pay the costs involved

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