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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 920
Experience:  LLB (Hons)
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I may require some post-divorce advice. Do you provide such

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Hi, I may require some post-divorce advice. Do you provide such a service? Sanjay
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I divorced in Feb this year. I am the respondent. There is a property element related to the settlement in the court order. My ex-wife is in breach and I want to resolve the matter?
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Watford Family Court
JA: Anything else you want the lawyer to know before I connect you?
Customer: Costs?

Hello, I'm Lea and I have reviewed your query.

Can you provide some more detail so that I can see whether or not I can assist you?

Customer: replied 1 month ago.
Hi Lea, as mentioned, i am the respondent and divorced in feb of this year to a settlement proposed by the applicant. we had two properties, the FMH and an investment property. the applicant kept the FMH. we were immediately meant to transfer property titles and indemnify each each other from mortgage liability. if we remortgaged, then it was meany to be done simultaneously, however, we had until sept 22 to complete this step. I have remortgaged the investment property which was transferred to me as part of the settlement. the applicant kept the FMH. i have remortgaged with full knowledge of the applicant and i am looking to enforce the court order requirements of being released from the mortgage and title of the FMH?

Is there any reason you think she may not complete by the deadline date?

Customer: replied 1 month ago.
I think it's irrelevant because we were meant to remortgage at the same time. I think she does not have the capacity to remortgage and has purposefully not indemnified me when asked stating that the court order provided indemnity, which is incorrect. I want to be released from the mortgage.
Customer: replied 1 month ago.
how can i apply to the court for enforcing the clauses in the court order?

In that case, I would suggest you write to her with a pre action letter (the court will expect you to do this) informing her that she has breached the consent order and asking her what she intends to do about it. Give her 14 days to respond - 28 days if you are feeling generous.

If you do not receive the outcome you hope for, you can then apply to the court for enforcement of the order, by applying on form D11, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/714971/D11_web_0616v2.pdf

Please rate positively using the five stars at the top of your page so that I am credited for assisting you. You can ask clarification questions if you need to.

SASH_Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
many thanks, Sanjay

You're very welcome

All the best.