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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33948
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In a divorce settlement a clause is phrased that there is an

Resolved Question:

In a divorce settlement a clause is phrased that there is an 'intent' for me to send my child to private secondary school. However I no longer want to do that due to other drains on my finances and perfectly good state secondary schools. Is the word 'intent' enforceable ? (Was pushed into paying 100% primary private school which I didn't want to do but wanted to get to a settlement..my fault but I don't want to continue with 100% payment for secondary also but it states there is an intention for me to do so in 8 years time) Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the exact wording of the paragraph?
Clare
Customer: replied 2 years ago.

it is their intention that XX will be privately eductaed throughout her secondary school education for so long as that can be afforded and on the assumption that the parties means remain similar to the position now, the school fees would be funded by the respondent

However this would be in 8 years time when I have finished paying for primary school private education...

I am just interested to know under what circumstances could i get out of secondary education privately as I no longer wish to do so

Many thanks for your help

Expert:  Clare replied 2 years ago.
Hi
Just to check - you are the Respondent and this was an Order made by Consent?
Has there been a change in your financial position?
Clare
Customer: replied 2 years ago.

Yes I am the respondent and the order was made by consent however the judge didnt grant the divorce originally as he wanted to know why it was skewed so heavily in my ex's favour but i gave in as there was pressure for a house sale on my ex's part and stupidly it was easier to give in due to the emotional pressure. However at the time the letter that I sent back to the judge said ; 'Given this imbalance however there is an explicit and implicit agreement that if my financial circumstances were to change that the parties would review the provision of private education for my child'

The change in my financial position is that there are additional drains on my income such as my mother who is ill and needs to be relocated nearer to us that I want to support and my partner who was earning £100k a year can no longer work for various reasons (we are due to marry next year)

Many thanks and apologies for the delay we have been camping in a forest with no signal

Best wishes

Expert:  Clare replied 2 years ago.
Hi
Has your income decreased at all?
Clare
Customer: replied 2 years ago.

Hi

My own income has not decreased but other 'drains' on my income have considerably increased therefore my financial circumstances are a lot worse than when the agreement was reached . I wondered how enforceable 'intent' was as it is no longer my intention to want to pay for secondary education and wondered whether it's better I deal with that now rather than in 8 years time?

Thank you

Customer: replied 2 years ago.

No idea why the text suddenly decided to underline!! Apologies that was not intentional !! :-)

Expert:  Clare replied 2 years ago.
Hi
No problem with the underlining.
Without being too personal - why can your partner no longer work?
Clare
Customer: replied 2 years ago.

Hi

Due to a nervous breakdown. On the mend but my step children go to state school not private however when you count up the coat of after school care and holiday clubs for them etc it's not worth going back to work even when well again

I am sensing it is not going to be easy to get out of the intent clause!! My fault for giving into emotional pressure!

thank you for your help

Customer: replied 2 years ago.

Ps plus I don't see why my partner should work to enable my child to go to private school when my step children don't ! ... If you see what I mean!

Expert:  Clare replied 2 years ago.
Hi
I do indeed see that!
When was the Order made?
Clare
Customer: replied 2 years ago.

Last year. Regretting it ever since stupid me for giving in!

Customer: replied 2 years ago.

In fact December 2013

Expert:  Clare replied 2 years ago.
HI
When did your current partner lose her job?
Clare
Customer: replied 2 years ago.

Hi

Became ill in March this year and this month we together decided the illness had not gone and would take some time (unsure how long) to get fully better and was not worth trying to juggle everything anymore.

Sorry this is so troublesome question!

Expert:  Clare replied 2 years ago.
Hi
How old is the child at the moment?
Clare
Customer: replied 2 years ago.

4 years old. 5 in November. Is in primary private school until 13 under agreement, then the 'intent' clause kicks in...

thanks

Expert:  Clare replied 2 years ago.
Hi
I suggest that you leave the matter for the time being.
There is no point in applying now - it is a long way off and much can change
If your financial position is no better in five years time you should write and inform your ex that you will not be in a position to meet secondary school fees.
It will then be up to your ex to take you to the court so that the Judge can decide what should happen
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33948
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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