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What are we each entitled to in our divorce settlement?

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Agreed settlement but ex not cooperating

  • Neves7728
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11 Aug 22 #519800 by Neves7728
Topic started by Neves7728
Hi

After a long drawn out legal battle my partners ex agreed a lump sum and we have a signed sealed Clean Break order. it gives 90 days to complete the buy out which is up in 2 weeks. The lender has just informed my partner that they requested the ex's bank details to complete nearly 3 weeks ago and the ex is now refusing to provide bank details. Does anyone know legally where we stand? Thanks

  • hadenoughnow
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12 Aug 22 #519803 by hadenoughnow
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You have an order. You doing your best to comply with it. You should document your efforts.

Is this just a question of paying the lump sum or is a transfer of ownership also needed?? Was the ex represented by a solicitor?? Is there a Decree Absolute in place??

If it is just the lump sum and no transfer of ownership is needed, could you pay it to the solicitor to pass on to their client?? Or lodge it in a separate account ready to hand over when you get the bank details.

If a transfer is involved, and assuming there is a Decree Absolute, you may need to make an application for the order to be enforced once the deadline has passed.

Hadenoughnow

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12 Aug 22 #519805 by Neves7728
Reply from Neves7728
Hi

Thank you for that, its just a question of actually paying the lump sum. The TR1 has been signed by both parties and my partners legal team asked if his ex's solicitor had informed them that they will be releasing any legal ownership to him and the ex has confirmed they understand this. Its just basically the ex not giving bank details as they dont want to leave the FMH. This has played out over 2.5 years and my partner has had to fight every step of the way through the courts. Would it be a D11 to enforce? or the D50K? Thanks

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