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Mediation and memorandums of understanding

(2 Posts)
Blueeyedgirl35 Tue 25-Feb-14 17:54:13

I've got my decree nisi and we've been through the mediation process. My stbex was supposed to get the memorandum of understanding written up by a solicitor as he gets legal aid and could do it for free. He has done nothing despite reminders. Since he is now living with someone else I would like to apply for the decree absolute asap but don't know what to do about the mou. If he does nothing is it legally binding even if it hasn't been written up by a solicitor?

Also everything is in my name only so I'm tempted to not remind him again since it's not really in my interest! That's also why I'm not paying to get it written up myself. He never contributed financially throughout our marriage and all bills and houses were always in my sole name. What happens if I get the absolute without the mou being written up? Would he have any claim in future and would he have to start legal proceedings to make that claim?

Lastly he is still refusing to clear his belongings out of my house which includes a motorbike. He is the registered keeper and I haven't got the documents for it, but I don't want it stuck here forever! Have I any right to sell it or do a house clearance for his other stuff? Any advice would be appreciated as it would be so nice to finally make a clean break!

Collaborate Tue 25-Feb-14 22:26:05

The MOU is only "binding" when both solicitors confirm agreement in open correspondence. Don't know how that differs when one is unrepresented, but you don't yet have an agreement the court would hold you to.
His solicitors may be dragging their heels because they'll be getting paid next to nothing for it. Incentivised!!

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