How do i get a court order? (endowment related)

dale7601

Hi, have already posted here but i guess it sounded a little like a rant !:rotfl:

I need to obtain a court order in order to get someones name removed from a joint endowment.

Can anyone suggest how this is done?

kind regards in advance:T

Yorkie1

Surely this is an identical question to that already running on your other thread?

http://forums.moneysavingexpert.com/showthread.html?t=2174581

dale7601

it sure is, but not able to get a positive answer, so just rewording. (as per last script, i get advice that contradicts what over says so just tryin to get a barrel of views) u know how to obtain a court order by any chance?

opinions4u

dale7601 wrote: »

u know how to obtain a court order by any chance?

See a solicitor or contact the local Family Court.

benjo

You say that you have spoken to several solicitors - have you paid for this advice? If you havent, then I suspect you have had a quick 10-15 min free advice session and in an issue that is so important, I wouldnt expect the solicitor to be able to give anything more than a general 'yes we could help in certain ways' or 'no we really couldnt help at all'.

You say they have all given you different advice - perhaps all their advice is right, perhaps there is a dozen options regarding your next step, honestly, if different solicitors are giving different advice options, then it seems the issue isnt straight forward.

It is an important, complex issue, it concerns your hard earned money and you really cant get around needing the advice of a solicitor.

The company who are going to pay out the endowment will not lightly remove one parties name and rightly so. They dont know if the original endowment agreement was deliberately left intact as part of your financial split, after all your solicitor didnt include it in the final agreement so it may appear that the endowment was intended to be shared upon maturity - I believe it wasnt meant that way, but Im sure you can see why they would need some firm proof.

Ok, if you dont want to loose 50% of the endowment upon maturity I suspect you are going to have to invest some hard money in 1. a private detective to trace your ex partner and 2. a solicitor who specialises in this kind of law who you trust.

When you find a solicitor you trust, trust him/her and take the advice that you are paying for, they are the only one who can truely tell you how to obtain a court order (or not) to get someone's name from a joint endowment policy.

I doubt you will get a definitive answer on a public forum but goodluck.

dale7601

cheers for that benjo, i guess ur right.

Thing is, its only worth £3k and i dont want that to go in fees (even though i paid £38 a month for ten years and it was supposed to return approx 17k,)

Maybe i should just forget about it and hope she pops here clogs, as the life cover should pay out the full amount then haha -knowing phoenix life they will probably still require her signature!

cheers again