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Seeking Permission to Break a Court Order

  • ecropix
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27 May 17 #492653 by ecropix
Topic started by ecropix
Our Financial Remedy Order stipulates that my 'Soon To Be Divorced' can buy me out of the jointly owned home (at a fixed, reduced price) until 5 July 2017. If she fails to pay me by that date, the house should go on the open market for sale.

She needs an additional loan to pay me; was rejected at one bank and she is now submitting a new application for a bridging loan.

Because she will have to pay for a new valuation and the decision on the new application may take longer than five weeks, she wants me to confirm in writing that I will give her another six weeks beyond the date stated in the court order.

Could allowing her in writing to break the court order cause me any other problems?

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28 May 17 #492671 by WYSPECIAL
Reply from WYSPECIAL
The Court won't know unless you seek their assistance because she has failed to comply with the Court Order.

Are you happy to give her the extra time?

  • ecropix
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30 May 17 #492732 by ecropix
Reply from ecropix
@WYSPECIAL - Thank you for your response.

My worry was permitting her in writing that she can disobey the court order. Though I would be happy to give her an informal few days or even weeks to complete finance; specially to give our children (over 20 years old) peace of mind.

  • Bubblegum11
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30 May 17 #492735 by Bubblegum11
Reply from Bubblegum11
If she doesn't pay by the date set out in the court order, she has not complied with the order of the court. It's not for you to vary that date. The only power you have is not to enforce the order, enforcement would involve you going back to court. You can't enforce a Court Order until you have your Decree Absolute anyway. So you could just say that you will give her xx weeks before you apply to court to enforce the order.

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