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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I divorced my husband many year a go and in my divorced consent

Customer Question

I divorced my husband many year a go and in my divorced consent order it would be agreed that his apartment in Spain to our Son and he mad a will stating that. But now he is going to sell it. So I feel that he gone back on his word but I would like advise on this please. Many Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required: Was the consent order approved and sealed (stamped) by the court?If so, what was the exact wording in relation to the apartment?
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Customer: replied 1 year ago.
This is what is said:upon the petitioner and respondent agreeing that the terms of this order are accepted in full and final satisfaction of all claims for income, capital and pension sharing orders and of any other nature whatsoever either may be entitled to bring against the other in any jurisdiction how ever arising in relation to their marriage.
And upon the petitioner and the respondent agreeing that the contents of the former matrimonial home known at The Gable ................... and their personal belongings shall remain the absolute property of the party in whose possession they now are
And upon the Respondent undertaking to the court and agreeing with the petitioner to leave by will or Codicil:A) his beneficial interest in the property 35 alameda Calle alameda Roquetas de mar Almeria Spain and 2a Aldworth road Stratford London e15 4dl to the child of the family ***** ***** and
B) his shareholding and interest in Kite Cleaning contracts limited to the petitionerYes it was seal by Romford County CourtHow much more will this cost me please
Expert:  Harris replied 1 year ago.
Thank you for the confirmation. Given that the court order was made and he undertook to the court to leave the listed assists in his will, selling them will be indirectly a breach of the undertaking and you will need to apply to court for contempt proceedings and for the court to consider this. However, technically if he had already amended his will to include the above undertaking regarding the property, then he would have complied with the undertaking and agreement - was there no other terms of the order to prevent him selling or disposing of the assets?
Customer: replied 1 year ago.
He did a will in spainish law to leave it to his son also
Expert:  Harris replied 1 year ago.
Thank you - but in practical terms if he sells the assets then the terms of the will are ineffective.