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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Separation agreement ignored what next?

5 replies

HollyIvy89 · 17/11/2019 07:58

Currently DH is either delaying, ignoring or just plain not bothering yet with the Minute in agreement (Scotland) separation agreement my lawyer sent. It details the financial split he has sent to me (that he prepared) and child contact arrangements etc but now he’s got a legal document he is sitting on it.

What next???
Can’t sell house till signed. He currently paying 2 houses. I just want to get house sold and be able to support myself.

What happens next if he won’t sign??

OP posts:
Arella · 17/11/2019 16:48

The only other option is court.

Not much help but it took my ex five years to agree the Minute of Separation and we ended up in court with the child arrangements.

But I presume if he is paying two houses, at some point he will realise it is in his financial interests to sign it.

HollyIvy89 · 17/11/2019 17:36

@Arella yes I would hope so!

OP posts:
Arella · 17/11/2019 18:02

Until he does, I would do nothing - unless you are on legal aid, all you are doing is putting money in your solicitor’s bank account.

HollyIvy89 · 17/11/2019 18:27

Good point. I keep wanting to email and ask what next what now but then think of the cost!

OP posts:
Arella · 17/11/2019 18:39

It is a really, really shit situation to be in - but you are essentially stuck with reaching agreement via a Minute of Separation (and getting it signed) or going to court.
As I say we went to court, but we still did not get a final order on child arrangements so still not divorced.

I do think the system is flawed, but if I have learned anything, it is that chasing the other side simply costs money. My ex has no incentive to settle the child arrangements (he knows I cannot afford to go to proof) whereas you can at least hope your ex will see sense and want to stop paying out twice. Sit tight and cross your fingers!

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