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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34471
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a question about the deadline on my divorce court order. My divorce went to court a

Customer Question

I have a question about the deadline on my divorce court order. My divorce went to court at the end of January (nearly two months ago). Court wasn't attended as prior to the hearing we agreed terms and a Draft Court Order was issued. Shortly after the court date my solicitor sent me the decree absolute.
The Draft Court Order contained a deadline of 30 days to complete the agreed actions. However, neither my solicitor or I have received the final Court Order and the deadline from the draft order is long overdue and the actions incomplete.
My question is - what are the implications for this order not being received and these actions not being completed by the date set out? Am I technically breaching this order even though I have even seen it? Should I be following the draft order or waiting for the final? As it appears the court haven't sent it will a new deadline be issued?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat had to be done within 30 days?
Customer: replied 1 year ago.
I had to sign over the house and car. My ex wife is supposed to transfer money to me plus she is meant to try and secure I new mortgage (or try to release me from the existing one)No actions on either side have been completed yet.I've attached the draft the order.Regards,
Giles
Expert:  Clare replied 1 year ago.
Have you sent her the necessary paperwork for the transfer of the account?
Customer: replied 1 year ago.
No. My wife is meant to transfer the joint account into my sole name. What paperwork would I send her?Do you think I should be working of this 'draft' order though? (Albeit the final order will likely be identical)Am I liable for any consequences because we are past the deadline set in the draft?
Expert:  Clare replied 1 year ago.
The fact that the Court is running late in processing the Order does not mean that you should not be taking the necessary steps to put the Order into force.You need to check with the bank as to what paperwork your ex needs to sign regarding the Bank account - and write to her solicitors and ask when you will receive the paperwork regarding the houseYou can certainly chase up the sealed copy - but you need to being proactive with the work that needs to be done.At this stage there is no penalty for the late actions - but once the paperwork regarding the house has been sent to you then you should process it swiftlyI hope that this is of assistance - please ask if you need further details