Hi, thank you for your question. Are you able to attach a copy of the court order so that I can consider the exact terms?
Thank you for providing this. I have considered the order and you should be aware that:
- The mortgage repayments as specified in paragraph 18 is an undertaking by her to the Court that she will meet these costs
-The maintenance provision as specified in the remainder of the order is an Order of the court
The difference between the undertaking that she has and the Order against you, is that the Order is legally enforceable and you will be building up arrears by not settling the maintenance and she can apply for enforcement of the order.
With the undertaking that she has given, to "enforce" this you would need to apply separately for committal proceedings and she will be given an opportunity to explain why she has not kept to the undertaking and if it is a reasonable reason why, then she will unlikely be penalised. I refer you to page 1 of the Order which sets out what happens if there is non-adherence to undertakings.
In any event, you should be keeping to the Order to pay her maintenance and she has a duty to indemnify you herself for any missed mortgages - you should not be offsetting the missed mortgage payments by maintenance.
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