Christopher acted for a Wife in a case involving enforcing a previous order.
The parties separated had separated several years previously, and agreed financial matters between them. The main aspects of the agreement were that the Husband was to pay the Wife a lump sum and she was to transfer the family home to him with the condition that if he had not obtained the Wife’s release from the mortgage secured against the property within 10 months of the order then the property was to be sold. The court approved a consent order reflecting that agreement.
The Husband was able to raise the lump sum but was not able to organise a remortgage within the 10 months, although he had, by that time obtained a mortgage offer. The Husband then refused to consent to the home being sold, so the Wife applied to the court for enforcement of the order for sale by whichever means the court felt was appropriate. The Husband then applied for an extension of time to arrange the remortgage. At a final Hearing both parties gave evidence.
The court decided that the Husband should and could have acted more promptly in trying to arrange the remortgage and also found that he should have applied to extend the time before the end of the 10 month period. The order for sale was confirmed, appropriate directions were made and the Husband was ordered to pay the Wife’s costs.