My ex is refusing to honour the financial terms of our court authorized divorce agreement and will not vacate the family home, to allow for its sale. He has applied to court to cancel the agreement which was authorized by court a few years ago. We both had lawyers at the time. What action can I take ?By: דיאנה שאלתיאל•Published on: 10 May, 2022
As well as filing your defence you can be pro-active and file an application to throw out his application to cancel the agreement, and also apply to enforce the agreement, by an order to evict him from the property . The fact that your ex was represented by a lawyer at the time the court authorized the agreement and that he appears to have been unreasonably long in taking action to cancel it will be in your favour. It is extremely difficult to get a financial agreement between spouses which has been authorized by court cancelled as the judge is under a duty to check that the parties fully understand its terms and implications before it authorizes it.