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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24613
Experience:  Senior Partner at Berkson Wallace
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I separated from my ex 11 yrs ago. We entered mediation

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I separated from my ex 11 yrs ago. We entered mediation after him dragging his feet for 6 years.a settlement was agreed but he delayed paperwork again and again.he inherited from his father but money held in trust.i agreed not to touch it because after separation.same happened to me with same agreement no trust involved.i have asked him again and again to get closure.he now tells me online solicitor wants new figures to check everything is still fair. We are happy as it is.plus I don't want him in my money or holding back what he owes.what can I do.i am so fed up.all the delays have been him
JA: Where are you? It matters because laws vary by location.
Customer: Uk
JA: What steps have you taken so far?
Customer: None.he has just told me about need for new figures
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I cannot work because of illness and disability.it was agreed that he would buy out the share of my house owned by a friend so I owned outright.now not sure that will happen.my son has grown up and left home since mediation

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What is in it for him to delay for so long?

both of your have or will inherit money which you have both agreed to keep your own inheritances?

and if he still has not bought your share of house what do you wish to do?

Customer: replied 9 days ago.
He has always dragged his feet about everything.if he hadn't both inheritance would have been after divorce so not an issue.hence the agreement not to touch.he hasn't bought the house share yet and yes I do want him to .it was because of his pension savings he was told he must do that to balance things.
Customer: replied 9 days ago.
I can't talk on the phone as I am hard of hearing.text or email please
Customer: replied 9 days ago.
Did you get my reply

You have probably seen a pop-up offering you the chance of a telephone call at an extra cost.  It is up to you whether you have a telephone call or not but do bear in mind that a 15-30 minute telephone call covers an awful lot of ground and you can get an awful lot of information in that time.  So you can ignore it or go ahead or go ahead later.  It’s your choice.

Meanwhile, we can carry on on here.

You refer to your ex but you don’t say whether it’s a cohabiting partner, civil partner, or husband.  This

I don’t know whether you are divorced and if not, whether anybody is made an application.

I also don’t know what the problem is at the moment except you say he’s dragging his feet and I don’t know about what.

Can I have all that information please?  You haven’t actually told me what the problem is apart from his dragging his feet and the solicitor wants new figures to check everything is fair.

Customer: replied 9 days ago.
The problem is that if finances are revisited and my inheritance taken into account I now have more than before and I'm worried he will get away without paying what was agreed at mediation.we were married and have been separated since 2011. We decided to divorce through online solicitor to keep cost down,but at every stage he has taken forever to reply etc ,leading to request for new figures.i want to go with what was agreed at mediation.ignoring both inheritance as originally agreed ,so does he ,but because of time delay courts want up to date figures to check all is fair before granting absolute.

Inheritance after divorce is always a touchy subject.

Here is an article on exactly this subject:

https://www.stowefamilylaw.co.uk/blog/2011/05/18/what-happens-to-an-inheritance-in-the-event-of-divorce/

You can agree what you like between you but you do have to disclose all the figures to the court and if both of you are not legally represented and the judge thinks the settlement may be unfair he would normally ask for a court hearing to make sure that both parties agree with what they are getting and are aware of all the ramifications.

The biggest delay in any divorce is not with the court it’s usually with the solicitors and/or the parties not replying to correspondence.

Customer: replied 9 days ago.
The whole point of mediation was to avoid cost of solicitors courts etc.the delays have all been my ex not dealing with paperwork etc.he agreed to do the bulk of the work because of my health. Now it looks like I am going to lose money paying costs that would have been avoided had he got on with paper work following mediation

As I said, the delays not dealing with correspondence.  He is doing most of the work except to say that he isn’t doing most of the work which is why you are where you are!

If he is still not dealing with the paperwork you can always make a court application for an “unless order” which is an order that unless he does something by a particular date then something else would happen such as he gets committed to prison for contempt of court (if he is breaching an existing order) or there is an order made in terms which are unfavourable for him.

He cannot simply ignore the papers forever.

If you do make an application to court on the basis of his unreasonable behaviour, then you always ask the court to award costs against him on that basis.

Customer: replied 9 days ago.
Last question 're response that we can agree thing between ourselves. If we make it clear that we understand what we are agreeing to and why,is the judge likely to go against this.

He’s not likely to go against it.  I didn’t say he was.  I said that he could potentially ask for a hearing to explain whether it’s unfair or not.

It’s nothing to do with his unreasonable behaviour.

The time that unreasonable behaviour is relevant is in respect of the costs of an application that you had to make which you would not otherwise have had to make had he dealt with the correspondence as he should have done

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