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We agreed at mediation but now she has ignored it.

  • garypu
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22 Nov 16 #485921 by garypu
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My ex-wife and I went through the mediation process 4 months ago and came to an agreement. We both signed and I gave a copy to my solicitor to make a Consent Order. My ex will keep the house and I will get £40k. £30k for her to pay me straightaway and the rest over 5yrs. Everyone was happy.
So far,not one cent has been sent. She ignores any letters and as she doesn't have a solicitor, letters have to be served. This costs me extra.
It seems the mediation was worthless (I had to pay for all of it) and toothless.
How can I move this along without costing me far more expense?

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23 Nov 16 #485934 by jonathancj
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If you have a signed memorandum of agreement from the mediation then the mediation was not worthless. If your solicitor has prepared an order giving effect to the agreement, you can make an application for a financial order to the court and you can is you what is called a notice to show cause why the order your solicitor has prepared should not be made. At the very least, signing the mediated agreement is conduct it would be inequitable for the court to disregard, as referred to in section 25 MCA. Relevant cases are Edgar v. Edgar and Xydhias v. Xydhias, both available through Google.

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27 Nov 16 #486103 by garypu
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Thanks for that. Now she has text me to say she has engaged a lawyer (she didn't have one before) to write up a new agreement, varying the amount and time to pay. She has said if I sign it, I will get the money straight away. Why should I trust this to be correct and won't that negate the previous agreement?

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01 Dec 16 #486242 by garypu
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Now she says I should pay for another consent order as she wants it changed. I've already paid for one which we both agreed with.
I don't believe she has a lawyer so I would also have to pay for it to be served.
I don't think she signed the original one which stated there would be a Clean Break so is that order worthless too?
Is court action the only option now?

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15 Dec 16 #486648 by esox11
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Talk to your solicitor or call the free advice line on here.

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16 Dec 16 #486666 by jonathancj
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If the changes are insignificant, it'll be cheaper to agree. If there's a clean break removed, that's not insignificant though.

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28 May 18 #501911 by HappyOneDay
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Hi, I've got a similar case where I have notes from mediation sessions that reflect what was talked about and agreed, from Oct 2015. My ex moved to the USA following the mediation, and then discarded the agreement by varying the amounts as he thought right due to his financial situation. He also stopped paying his half of the extra-curricular activities payments that are clearly agreed there.
At our last court appearance, the Judge said that I could come back if needed and get a financial order created. He said however it would not apply as he resides in the US now (for three years). He does own property in the UK and rents it out.
I am self-represented. I don't know whether to go back to the same Judge in the UK. He likely will tell me the same thing. I don't have any ideas about what to do. I've emailed him numerous times to say that his behaviour means that the agreement has been broken by him. This is not the way mediation was supposed to work...

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