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Clare, Solicitor
Category: Law
Satisfied Customers: 33030
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I went through mediation with my ex wife in order to agree

Customer Question

I went through mediation with my ex wife in order to agree the division of property etc.
I have bought my ex wife out of the house.
In the mediation we agreed a number of figures for various aspects and we agreed to split the total amount 50/50.
As part of the process we cashed in an endowment policy for just over £18k and the money was paid into our joint account. My ex-wife immediately transferred half of this out and put it into her own account. The half she transferred was supposed to make up £9k of the money I had to give her for her share of the equity etc.
The consent order didn't mention the endowment money specifically but stated I had to pay her the agreed amount by the agreed date. She has subsequently refused to pay the £9k back into the joint account so that it can pass through the solicitors, leaving me with an extra £9k to make up the sum I have to pay stated in the consent order.
Is there anything I can do to make her pay the £9k back to me. I realise I should have
Submitted: 4 months ago.
Category: Law
Expert:  Clare replied 4 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

What was the exact wording of the Order?

Customer: replied 4 months ago.
Apologies for the late response but I've had a really busy few days.
I've attached the sealed consent order and the final mediation agreement.
The part of the mediation agreement that relates to the £9k is on page 3:
"The Prudential Endowment will be surrendered and the monies transferred to Graham.
Dawn's share of the Endowment is included in the lump sum of £80,000"
When the money from the endowment was paid in to our joint account my ex wife took half of it out saying we should both be able to benefit from the interest. An email conversation followed where she said she would put it back when necessary.
My stupidity allowed me to sign the consent order without asking her to repay the £9k back and so it wasn't in the joint account when the order was sealed.
It seems incredibly unfair that the agreement we made during mediation can be disregarded so easily. It seems the consent order doesn't actually reflect the principles of mediation.
Hoping you can help and offer advice.
Thank you.
Expert:  Clare replied 4 months ago.

Did either of you have legal advice?

Customer: replied 4 months ago.
I had legal advice at the very start but not when I went through mediation.
As part of the mediation it was agreed that I would have a solicitor draw up the consent order to reflect the mediation agreement.
I did this but then my ex-wife's solicitor said there were somethings not quite right with it and produced the one that I signed and sent sent to court. It had been going on for such a long time that I just wanted it sorted out and finished with.
I realise now that I should have insisted the £9k was paid back into the joint account before I signed it but at the time I didn't think of it and actually didn't think for a minute that my ex would be so greedy and not honour what had been agreed in the mediation.
Customer: replied 4 months ago.
By the way - I didn't get any email notification that you had asked another question.
Expert:  Clare replied 3 months ago.

Did the solicitor you instructed review the one that you actually signed with you?

Customer: replied 3 months ago.
No. The solicitor I used to draw up the first order was a solicitor on the internet that offered a fixed price service, which I thought was fine as it was really just legally formalising the mediation agreement. When I received the second one from my ex wife's solicitors it looked like it said pretty much the same thing so I didn't use a solicitor. I just signed it. Even if I had talked to a solicitor the subject of the 9 k may not have come up because it was only me and my ex that knew she'd taken it out of the joint account. She had also said she would put it back when it was necessary and I didn't actually think she'd be so low as to not keep to what had been agreed.
Expert:  Clare replied 3 months ago.

In that case there is a good chance that you could, if necessary, have the Consent Order se aside on the basis that it was signed by you in good faith on the basis of the agreement that you believed had been made.

From everything that you have said it is clear that your ex did this deliberately and is hoping to hide behind the Order.

I suggest that you inform her that unless the matter is resolved you will indeed apply back to the court on the basis of her lack of honest disclosure - and claim the costs from her

I hope that this is of assistance - please ask if you need some further details

Customer: replied 3 months ago.
As a solicitor yourself, what would you charge to send such s letter as it would obviously carry more weight from a legal professional rather than from myself?
Expert:  Clare replied 3 months ago.

Sadly we are not able to have any direct contact outside of this forum.

however I can draft the letter if you wish as a separate service - but not until Sunday

Clare, Solicitor
Category: Law
Satisfied Customers: 33030
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you for you help.
If you draft a letter will it be on letter headed paper?
If you cannot continue and represent me in this matter what is the best way to find someone locally that specialises in this kind of issue?
I'm on a pretty tight budget so have to be careful how much I spend, especially as there is no guarantee that I'd win the case.
It just seems very unfair that the interpretation of the law don't necessarily reflect the principals.
Thank you.
Expert:  Clare replied 3 months ago.

I am afraid that it would be a letter from you rather than from me

I think you have an excellent chance if success if you go back to court

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