I have started in 2015 process of ancillary relief proceedings in a Family Court against my ex wife . My ex wife has ran up arrears on a joint mortgage whilst living in matrimonial property. She in the meantime has lost custody in September 2016 of our two children. The judge in Family court in ancillary divorce proceedings directed that ex is to vacate formal matrimonial property and that this property is to be solely owned by myself after me clearing arrears and securing a sole mortgage against this property. ex failed to file on judges' multiple request valuations of her properties in overseas as well as her bank account statements overseas. I agreed the transfer of the formal matrimonial property solely into my name would suffice in me pursuing any financial claims in relation to division of matrimonial assets. I have subsequently prepared Consent Order and it has been signed by both parties and sealed by the judge in May 2017. Since then I have been rebuilding my credit history after joint mortgage falling into arrears whilst property been inhabited by ex. It took until June 2018 where I have been offered remortgage and started the remortgage process through Solicitors. I fulfilled my obligations and signed all the relevant paperwork in relation to remortgage and transfer of the property. It turned out that ex had an alleged suicidal attempt on 30/07/2018 whilst she had our children visiting her in her home. I have informed my remortgage solicitors of this fact and they requested that ex to supply a document from her solicitor confirming she is fully understanding the legal implications in relation to the transaction we are undergoing. Ex is non compliant and does not want to provide such document. This is now putting in jeopardy the whole process of remortgage which I started and contributed financially. The offer of remortgage is only valid until December 2018. I need to add that ex is on benefits and never supported financially our two children in form of regular child maintenance payments. She confessed to me that she works from home and have extra income from renting out her overseas property. I only recently understood that her overseas assets value have been initially misrepresented in value. I am afraid I am losing out on substantially on the agreed consent order merits as for what they were. Could I please ask anyone to consider anything could be done to either skip ex's requirement to provide extra solicitor documentation and finalise the remortgage/ transfer of property or go back to the court and request original consent order invalidation on the merits that her assets have been misrepresented?
You can go back to the court and ask a judge to sign the paperwork. I don't really understand why mental capacity is an issue here. The transfer is part of a court order with which she must comply.
As far as re-opening the order goes, I guess a lot depends on how much money is involved and how much more hassle you want to go through. You may feel that sorting out the house is enough to deal with.
I do not wish to pursue any more claims apart from house transfer. How do I get the judge to sign anything / create document to complete my remortgage without the requirement of ex having to supply further solicitor confirmation?
In the first instance you could write to the solicitor dealing with the mortgage enclosing a copy of the order. Explain that the transaction is in compliance with an order that is more than a year old. If the transaction does not happen, she will be in breach of the order and you will have to go back to court for enforcement.
Get hold of a D11 which is the form you need to apply to the courts. I am not sure what the fee would be. You need to ask the judge to act as signatory in the absence of cooperation from your ex.
Thank you for a tip. I have already supplied remortgage solicitors with Consent Order. They insisted he still provide document from her appointed solicitors that she is fully aware of legal outcome of the trnasaction. I tried to persuade remortgage solicitors that I appointed to skip this requirement. But they insisted. And court will not interfere with their requirement. The judge told me in the letter to seek further legal advice and possibly file for new orders. I was very disappointed with this reply given the circumstances.
However on your advice I shall deepen my knowledge into apllying for D11.