doesn't stick to the court order?

I had my FDR hearing last week and me and my ex decided to go for a 70-30 split of assets from the sale of 2 property's. He agreed that both houses go on the market. As he has dragged his feet all along with the divorce i rang the agreed agents today and asked that they ring him to arrange a suitable time for valuations.

He lives in the FMH. The other property is in a different town and is rented out - it is a property that i have never seen.

Where would i stand if he does not stick to the order - what if he ignores the calls from the estate agents and does nothing (thats been his attitude throughout the while divorce)?

I am keen to get on with my life and would like my share of the sale of the houses as soon as possible but am scared that he is gonna drag things out as much as possible.

Another thing worrying me is the fact that he might go back on the order that was made in court - it was a written one that we both signed and both of our sol's signed, but my sol is gonna send us a typed up version to sign. Is he able to go back on what decisions he made?

Hi Ranj,

DIY Divorce is asking pretty much the same question.

It sounds from what you write that you have signed 'minutes of agreement'.

These minutes are then written up as a Consent Order to be submitted to the court for consideration and then issued as an order.

It does not sound like you have a court order yet.

YA

hi mother of two,

Before your query can be answered fully, there is a little more information needed : when you say " my ex decided to go for a 70-30 split " , do you mean that you both agreed to this ?
When you say further down " he might go back on the order that was made in court ", do you mean a consent order ? If it is a consent order and you have both agreed to it and signed it, then there is no going back on it.
If the judge in the consent order has aid that the two properties be sold, then they must be sold ( there usually , though not always, is a time limit in the consent order ).

If I were you, I would get in contact with the estate agents myself and explain the situation to them. I would also insist on being present when the valuations are carried out - after all, you want to know what is being said and not be fobbed off by x.
Ask the estate agents to send you a copy of the valuations as well.
I do not know if these properties are in your name as well, but since you are to get
a percentage from their sale, you ought to take a VERY active interest.

Hope this helps.
Red XX

yes red, we both agreed on the 70-30 split of assetts from properties.

I'm a bit confused though now, as i though that it was the consent order that we signed (it was written on paper and we both signed it, along with our sol's) - was it just the minutes then?

If it was just the minutes, does that mean he can change his mind? - the judge read through it all on the day of the hearing.

Also, i know u say its best to get involved in the selling of properties, but this is not so easy. I live in a different town from the properties and he lives in 1 of them. Also, we are not on speaking terms and i want to see him as little as possible as he is not a very nice person.

However, i did ring the agreed agents (we agreed on the agents at the hearing and they were also in the 'order/minutes') and ask then to ring him to arrange valuations and putting the properties on the market. They have both rang me back saying that there is no answer on the landline that i gave them (they have been trying for 3 days now). Bacuase of this i rang his sol and explained the situation and asked that he ask the ex to ring the agents - was this the wrong thing to do?....i'm just keen to get things moving.