We have had several mediation appintments and eventually agreed on Weds 19th Jan, to a 65/35 split of assests-(only about 65k). I wanted 70/30. We have a 4 year old son who will be living with me. Today husband announced he had closed ISA and transfered 50% to my account. I said thats not what we agreed. He said the iSA wasn't in the assest sums. I said it was and the sums prove it was.
What shall i do? He has broke our agreement already. Shall i just go to my solicitor and say proceeed with court now, because he not done as agreed. I am so angry.
An agreement in mediation is not legally binding until it has been written up in a Consent Order. As to what you do next really depends on how much was in the ISA. If you go down the solicitors and court route it will cost you a fair bit, and that may be more than 15% of the ISA.
It is one of those things that it may be better to just grit your teeth and forget about.
I have only just read your posting. IGB isn't necessarily right - it depends on how the mediation finished.
If it was with a Deed of Separation or Separation, then this is a legally binding contract, and you could take your husband to court to get matters put right.
If it was with a Memorandum of Agreement, then IGB is correct. This document simply reflects what was agreed and has no legal standing, but would provide the basis for the wording of the Consent Order which would go through the Court. The Court would then enforce any breached of the CO.
However, one thought strikes me - as there is a legal requirement for full disclosure of all financial matters, why was the ISA not included in the figures? It may be that the value in the ISA was offset by some other asset.
I have just seen that I left out a word in my earlier post. I should have written "...Deed of Separation or Separation Agreement.."
The DS or SA is a legally enforceable contract between the two parties. If one of them breaches the terms of the document, the offended party can take the offender to Court to have the breach put right.
The MOA is simply a record of what has been agreed and has no legal standing until it has been converted into a Consent Order which passes through the Court and becomes effective on the pronouncement of the Decree Absolute.
As you probably know, he CO is a Court order and, if its terms are breached, this can be reported to the Court which will take action to enforce the terms.
Rather annoyingly, only practicing solicitors can draw up the wording of a CO; its a reserved occupation although I have a feeling that the parties to the divorce can do it for themselves but the wording is pretty arcane and needs to be done properly.
However, when we produce the appropriate document (if the parties have not commenced proceedings, its the DOS/SA and it they have, its the MOU), we do it in a way that is relatively easy for the solicitor to cut and paste and thus keep time costs to a minimum.
I spend rather a lot of time trying to persuade members to at the very least give mediation a go, for those with legal aid it is a requirement but the failure rate seems very high, i suppose it depends on the skill of the mediator and the willingness of participants to be reasonable.
What i was hoping for is some statute to confirm DS and SA are enforceable, the martial causes act does not support what you say, that said its close to forty years old, i would be grateful if you could supply some law because it will give members more confidence in mediation - and i can bang on about it even more