My guess would be that he probably has some income but it would be fairly low, at a guess around £6 to £10k a year. What I would like to do is to somehow make a claim for what he owes, even if it takes him some time in the future to pay it, otherwise he has every incentive not to work until the agreement expires.
I think so, we signed the agreement which was drawn up by a lawyer, when we separated and I recall sending a copy to the court with the papers when we divorced ( which we did ourselves without further legal input) so they could see that we had considered arrangements for the children. The divorce went through without any issues.
Yes I do
Yes the separation agreement specifically sets out the financial agreement between us is that I would pay him a lump sum and he would pay maintenance until they are both out of education.
The deed of separation isnt stampet, as it was a document agreed between ourselves at the time.
I have a 'statement of arrangements for children' form which is stamped by the court as part of the divorce proceedings , this form asks about maintenance and a copy of the deed of separation was sent to court to evidence that maintenance had been agreed.
No but I live with my partner.
Do you mean mine or his? If you mean his I would guess it to be worth around 120k but I have no idea how much his mortgage would be.
It was actually registered solely in my name. It was valued at around 200k and had a mortgage of about 25k on it at the time, so equity of circa 175k.
Yes about 8 years ago as part of the deed of separation agreement
Probably being too sympathetic -he didn't have the income and I did, I was trying to do the 'right' thing through what I thought may be a financial hardpatch for him. I've slowly come to the view that he's probably taking advantage, plus my own financial position is less favourable now than it was initially, so I need him to contribute properly.
Is there no remedy under the deed of separation agreement that we both signed, as presumably this is a legal contract that we entered into.
Also, in your view, was I badly advised initially. I feel it!
If I can't enforce the agreement can I rescind it, on the basis that he hasn't followed through with his part of the bargain, and make a CCJ type claim against him for the £80k back? I realise I would have to wait until he sold the house or came into any money from his parents, which may be years to come.