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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Me and my ex have bee split up 5 years now,not divorced. We

Resolved Question:

Me and my ex have bee split up 5 years now,not divorced.
We had a flat,but it was on his name,I've been paying the morgage money in to his account for as long as we lived there.
I've been trying to get some money back of him,but he keeps prosponning it.
We agreed on the amount,he said he was gonna get some paper work for me to sign so he can pay monthly.this was over a year ago.
Now I've been in contact with him again and he said he need more time,but he'll give me the whole lump sum.
I want to send him a legal document just to hurry things up,or I will never see my money again.
can you please help me,I'm just so fed up with waiting around.i just want to get this over and done with and get what's mine back.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Please confirm what the actual agreement is to settle the finances? Please also confirm if you have children with him, if so what are their ages and the arrangements for them. You should be aware, that as you are married, any payment or agreement that has not been approved by the court as part of divorce proceedings does not end each of your rights to make a financial claim against the other arising out of the marriage. The only way that such claims are ended is either by a court order or if the potential applicant remarries after divorce. You should therefore be considering pursuing a divorce as well as proposals to agree and submit the financial settlement to court for approval - no matter what the agreement is, it is for the court to decide whether it is fair for both of you, and any children before it is approved.Please provide a positive rating if you found this information helpful. I will not be credited for answering this question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Thank you for the further information. I understand you do not want to pursue a court application, however as part of the divorce, if there is an agreement regarding finances a consent order needs to be sent to the court for approval. Neither of you will need to attend court and the judge will deal with the matter based on the papers. In your letter I would suggest that you stress to him that a divorce will be pursued as well as negotiations to finalise a settlement, and you should propose a referral to an independent mediator, you can find local ones here: http://www.familymediationcouncil.org.uk/ The independent mediator will assist you both with the negotiations and attempting to reach a financial settlement which can later be turned into a consent order to submit to court for approval.Please provide a positive rating if you found this information helpful. I will not be credited for answering this question without a positive rating. Thank you
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