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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 11657
Experience:  Dual qualified Solicitor and Attorney
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I need some advice regarding some financial questions. My ex

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Hello. I need some advice regarding some financial questions. My ex husband & I had an 'ancillary relief order' drawn up in 2020. We owned the FMH, a family business and some land that the business at the moment, continues to operate on. It was agreed in the order that I would receive most of the proceeds from the FMH which has been done, and ex would keep the land and business. As part of the order, ex had to pay off the remaining balance of the mortgage owning on the land, to release me from liability and remove my name from the 'land registry', which he has failed to do. I have now found out that the Environment Agency have revoked his operating licence for the business. This has left him in a position that he can no longer make the payments for the mortgage, the bank have told me that even though the order states that my ex is to indemnify me of any liability, the original agreement for the mortgage made can not be changed and I am still liable for the outstanding amount. The Environment Agency have also told me the same in that because I am still registered as the land owner, I will be liable for any costs to clear the land. Is this correct, or does the 'ancillary relief order' offer me any protection? He has received funds from the sale of the FMH which would cover the outstanding amount owing. Can anyone help clarify my position? Many thanks, Carol
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I have spoke to a divorce solicitor and they have suggested taking the matter back to court to get the order enforced, but they don't seem to know the answers regarding the financial position. I am in the UK.
JA: What steps have you taken so far?
Customer: My solicitor has suggested writing an informal letter from myself asking him to pay the balance and if that doesn't produce any results they would make a formal application to the courts.
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 don't think so, I am just concerned about the financial implications for myself because the order has not been adhered to. Thank you.

I am afraid the order does not offer you protection from statutory enforcement by the Environment Agency or by the bank in relation to the mortgage. As it stands your name is ***** ***** the land and the mortgage therefore, you are still liable I am afraid. I am sorry I cannot give you better news.

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Customer: replied 12 days ago.
Thank you, ***** ***** what I thought. Is there any advice you can offer. The only way I would be financially able to pay the costs would be to sell what is now the family home. Would you adivse going back to court to try to get the order enforced?

You can try and get the order enforced though given the circumstances have changed dramatically since the order was made, there is a risk that the court will say the order should not now be enforced based on the original terms. That said it is perhaps your best option you need to complete this form and send it to the court that issued the order: https://www.gov.uk/government/publications/form-d50k-notice-of-application-for-enforcement-by-such-method-of-enforcement-as-the-court-may-consider-appropriate-family-procedure-rules-2010-rule

There is no fee. I trust this assists

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Customer: replied 12 days ago.
OK, thank you. I understand that the circumstances have changed some what since, but it was my ex who wanted to take on the business and the land and there was a reduction in my settlement because of the problems with the business at the time. The Environment Agency problems were highlighted at the final hearing and taken into consideration with the settlements.
Customer: replied 12 days ago.
We had everything valued and I wanted everything sold and split, my ex was the one who insisted on keeping the business and land.
Sure as I say you can look to get the order enforced. I trust this assists
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Customer: replied 12 days ago.
Many thanks for your help. It is the only option I have. Regards, Carol
Take care
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Customer: replied 12 days ago.
I will do. I can only hope the courts and the bank will wait for settlement as I am currently going through treatment for breast cancer. It never rains!!!!
Indeed
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