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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1469
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My x wife divorced me in December 2008. Our children were 6

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HiMy x wife divorced me in December 2008. Our children were 6 and 8. At the time we made a verbal agreement that the profits from our family home would be split 30/70% in her favour enabling her to provide a stable home whilst they were going through their schooling. It was also agreed that I would pay maintenance and have them every other weekend until they were out of full time education. Once they left school it was verbally agreed that I be paid the additional 20% profit from the home. Both children are now in full time employment, my son now lives with myself and partner, and my daughter lives with her boyfriend.Throughout all of their schooling I only missed a maximum of 10 payments, this was due to being out of work as I am a self employed plasterer. I have bank statements proving the maintenance payments and the money transferred to me when the family house was sold.The only paperwork I have is the decree absolute which includes a ref number.Could u let me know if there is any point in pursuing this.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please can you clarify for me which part you are looking at pursuing? are you questioning the maintenance that you paid or the agreement that you reached in relation to the house?

When you divorced was there an order made in relation to the matrimonial finances?

kind regards

Caroline

Customer: replied 4 months ago.
I would like to pursue the additional 20% from the proceeds of the matrimonial home. Unfortunately I do not know if an order was made as my xwife delt with everything

Hello

Thank you for clarifying that for me.

Just a few more questions:

- whose name is ***** ***** in now?

- are you saying that you have only received 10% and your ex wife is withholding the other 20%?

- have you remarried?

kind regards

Caroline

PS - I am just going out but will respond as soon as I can.

Customer: replied 4 months ago.
The marital home was sold when we divorced, my xwife took 70% of the profit and I received 30%. It was agreed that I would get the remaining 20% once they were out of full time education. The house she bought with the proceeds is in her name.No I have not remarried but my xwife has.

Hello

Thank you for clarifying that for me so that we can get to the bottom of this for you.

In the first instance you need to find out if there was a court order in relation to the matrimonial finances and the agreement that you had. This is the principal position because if there was a court order in relation to the agreement then it is legally binding and you can enforce that agreement through your local family court.

You need to call the court that dealt with the divorce to see if there was an order in relation to the matrimonial finances.

If there was and it reflects the agreement that you had then you can enforce that agreement.

If there was nocourt order and just a verbal agrement then this cannot be enforced. That being said, as you have not remarried then you are still able to make a claim in relation to the matrimonial finances.

To take this course of action you need to first refer the case to family mediation. This is a prerequiste before you can apply to court. There are lots of family mediation services and there will be one local to you. Google family mediation in your area and give them a call to self refer.

Family mediation will try and help you reach an agreement without the need for court.

If agreement can be reached at mediation then a consent order should be submitted to court for approval. If approved by the Judge this will be legally binding and you can then enforce this should you not receive your share.

If agreement cannot be reached at mediation then the mediator will sign the form for you that then allows you to make a claim in relation to the matrimonial finances.

Please let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today

Hello I note that this question remains unrated. Your feedback is important to me and I would be grateful if you could kindly rate my help by using the stars so that credit is received for helping you. If I can assist you any further then please do not hesitate to ask. kind regards Caroline
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