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Update on Family Law Property Case

Two weeks ago, Micheál from Cork phoned in concerning a family law settlement which he had with his wife (no children). I spoke with him off air and he told me that he was concerned about the family home which had agreed to be sold and that agreement

His wife, who is living in the house at the moment is obliged under the Terms of Settlement to pay him €250,000 before 1st July of this year and a further €100,000 before the 1st February 2009.  She would keep the house in those circumstances and the payments would allow him to buy a house for himself. 

She has since informed Micheál that she absolutely does not intend to implement the settlement, will not pay the money, will not remortgage, as was agreed and will not move and will not put the property up for sale.

Micheál asked me to deal with this matter on air which I did last night and I advised that he should go back to his Solicitors (he named them to me and they are in my opinion a very good firm that specialise in family law) and alert his Solicitors to this conversation that his wife has had with him.    He should instruct his Solicitors to prepare the necessary Court documentation to move against his wife if she does not complete the agreement  by the 1st July and by moving immediately I mean that the case should be re-listed for hearing on 2nd July with a view to getting the Court to order the sale of the property and if she still doesn’t agree to sign, the Court should direct the County Registrar to sign on her behalf which is the correct procedure in the event of a refusal of one party in a case to co-operate. 

Declan Carty:  “This in fact Brian, is a breach of Contract by the wife – isn’t it?

Brian:  "Yes, it certainly is and it is in my view an outrageous breach of contract,  flying in the face of an agreed settlement in which both parties had full legal representation and in violation of an Order of Court.  Whatever issues Micheál’s wife has she should resolve them quickly because the only way to deal with defiance like this is in the most robust legal manner available to Micheál and he should do this immediately”

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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