By Staff Reporter (media@latinospost.com) | First Posted: May 25, 2015 06:00 AM EDT

Sofia Vergara's ex-partner Nick Loeb has just been granted permission to file a complaint against the sexy "Modern Family" actress.

It looks like Sofia Vergara needs to sort out a few things before tying the knot with her "Magic Mike" star boyfriend, Joe Manganiello. In a report by ET Online, Nick Loeb was given permission to sue his ex-flame Sofia Vergara over two female embryos they created when they were still together. 

In a recent revised complaint filed by Loeb, he accused Vergara of violating the terms of an oral agreement "to create embryos and bring them to term via a surrogate."

On her defense, Sofia's lawyer Fred Silberberg said that there is no legal issue since the ex-lovers already agreed and signed a form with permission to use the embryos if the need is there for both parties. Silberberg also added a remark that "embryos are not children" and Loeb should not be making this into a public issue.

"It shouldn't be out there for people to give their opinion when there's nothing to talk about. There's papers signed. There is a court date. He shouldn't be creating something so ugly out of nothing," Sofia said in a recent interview she did with Good Morning America.

"I've been working very hard for 20 years to get to this point where I am, enjoying my movie. I promote all my movies, all my work, but I don't like promoting my private life and I don't understand why this person. I don't want to allow this person to take more advantage of my career and try to promote himself and get press for this," Sofia added.

Back in August 2014, Loeb filed a suit against Vergara, seeking custody over the frozen female embryos. In an op-ed he wrote for the New York Times, Loeb discussed thoroughly why he wants to bring the embryos to term and how they split up for not seeing eye-to-eye on the issue of having children.

"In 2013, Sofía and I agreed to try to use in vitro fertilization and a surrogate to have children. We signed a form stating that any embryos created through the process could be brought to term only with both parties' consent. The form did not specify - as California law requires - what would happen if we separated. I am asking to have it voided," Loeb stated.

He added, "We had been together for over four years. As I was coming on 40, I gave her an ultimatum. When she refused, we split up."

While Loeb was granted permission to file a revised complaint, many are assuming that there might be other personal reasons why he is going public. His attack on Vergara, the highest paid TV actress for three consecutive years now, is especially at a questionable time, since it is leading up to the actress' wedding.