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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10597
Experience:  Barrister 17 years experience
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I have a high court litigation question

Customer Question

where two people own a property which is held under judgement order. can one lititgate the judgement while other mitigates it by using their rights to negotiate it under separate settlement. Can this be done prior to completion of family law matters.

Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Customer:

1. Where two people own a property, they are not limited to have a joint defence or the same defence nor must they act in the same manner. Each of the two co-owners can adopt whatever tactics they individually wish to adopt. So if one person wishes to litigate, whilst the other wishes to negotiate and engage in a settlement, this is perfectly OK. The law does not prevent it. Neither are these separate approaches precluded by family law proceedings. EAch party can go ahead and deal with the judgment order in the way they see fit without regard to the other party to whom the judgment order applies. So if you or your spouse or partner have a different attitude and approach to a judgment order, you can do what you want separately. This is not prevented by the fact there may be family law matters outstanding. In law you are separate persons even if married or partners. EAch can adopt the approach they view as best.

Customer :

Does any part of family law entitlements prevail or take precedence over any such lititgation or not for the spouse or wife

Customer:

2. NO the family law proceedings are totally separate to the judgment order. One does not affect the other. There is no question of family law entitlements taking precedence over the creditor's claim under the judgment order.