Separation Agreement Deadline

silversurfer567

Good Afternoon Knowledgeable People,

I have been embroiled in a bitter dispute with my narcissistic ex partner for over 2 and a half years now over trying to have their name removed from the mortgage and the property deeds (they moved out of the property nearly 3 years ago)

In May this year it was finally concluded (or so I thought) with a signed Separation Agreement from my ex, stating the amount payable for the property to be transferred solely into my name. This document, fairly standardly states, that funds were due to be paid in 56 days, and also all of the necessary documents and name changes processed.

Unfortunately at this point, as I thought it was a fairly standard process, I changed from my Solicitor firm to a Conveyancer to do this part of the process. From day 1 they have been incredibly difficult to get hold of, ignore my communications, repeat questions they have already asked multiple times and have been slow with every step. They received mortgage documents from my bank, and then sat on them and did nothing for 2 and a half weeks. And now today after threatening them over the lack of contact, they have turned round and said there is no way they will be able to hit the 56 day deadline, accusing me of not having sent over my partners details which isn't true, and blaming their lack of progress over the last 2 and a half weeks because they have been too busy. When I got aggrieved at this on the phone they actually hung up on me. I am in shock.

So my question to you knowledgeable people is, what happens if I miss this 56 day deadline even when I have done everything within my power to adhere to it, as I have already received threats from my lovely ex saying they want changes made to the terms of the agreement and more money if the deadline is not met.

From Googling I can only see it suggested that I may have to pay interest for the period post when the monies should have been transferred, but my Solicitor wont confirm or deny to me whether this could result in negotiations reopening again.

What I also can't find out, is what happens in the scenario that I don't miss this deadline, but my ex is the one who causes the deadline to be missed by not signing documents?

Any help would be greatly appreciated as this has severely affected my mental health over the years and the thought of going back to negotiations is actually terrifying me

ian1246

Sounds like you need to get your solicitor back involved with the process. If the Conveyancer hung up on you, I wouldn't be surprised if you get contacted to be told they are no longer willing to represent you, setting you back to square one - especially if your "Aggrieved" is something a little more than that. Its something to bare in mind - only you know the contents of your phone call with them and why they might have felt it necessary to hang up.

As for putting the breach of the separation agreement on the ex "if he causes the deadline to be missed by not signing the documents"? If the deadline's already tight due to delays on your end, regardless of how tight the deadline is, he'll still be entitled to a reasonable time to review the paperwork and what he is signing. He may even need time to seek legal advice prior to signing it.

All of which means there's a difference between "Failing to sign" & "being given insufficient time to sign" - worth baring in mind for the future.

From the sounds of it though, definitely do consult with your solicitor and prepare a contingency plan. Your solicitor is the one best placed to advice you of possible legal/financial implications of breaching the 56 day limit. Good luck.

silversurfer567

Thanks Ian.

I have been back in contact with my solicitors and I believe they are going to draft a letter to send to my ex to nip this in the bud now, as any delays have only been procedural and not remotely due to any inaction on my part