You want to obtain a property settlement but your former partner refuses. What can you do? Our experienced family law solicitors shed some light on this issue.
It sometimes happens that a former partner does not want a property settlement, whether for personal reasons or because they do not understand the process.
Even in this situation, you can obtain a property settlement. We would generally recommend that you write to your former partner through your lawyers and propose negotiating a property settlement or some other processes such as mediation at an appropriate time.
If your former partner does not respond or does not respond in a reasonable way, you have the option to bring an Application for property settlement before the Court. We regard a court action as the last resort, particularly in view of the costs that can be involved. However, in some situations, especially where attempts at negotiation become protracted or time limitations may be ready to expire, it can be sensible and even necessary to start a court action.
You should bear in mind that you and your former partner may still reach an agreement and obtain Consent Orders even after a legal action is started. The Court will anyway generally order some form of mediation and many parties will settle property then or soon after.