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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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HelloNeed some advice please, My wife and I separated over

Resolved Question:

Hello Need some advice please, My wife and I separated over 2 years ago, I lived in Scotland at the time, as settlement I agreed to give my ex all the equity in our house (70k) all the contents etc etc and at that time £1000 per month for our daughter on the basis she gave unrestricted access, this has not happened, she is now with someone else, I get infrequesnt access, My financial situation is no where near as good and I reduced what I gave to a level that I could just afford, I have now received a letter from the solicitor stating they can enforce a minute of agreement.. is this the case? how do I get a more reasonable figure as I simply cannot afford it..I was not in a good place mentally when I agreed to this and I offered far more than I could afford, I do not own a house anymore, took all the debt from the marriage, was actually hoping to get back together, My son from previous marriage is now living with me aswell as a stepdaughter from my new partner am left with all the bills etc etc, reasonably I could afford £300 at a push but am being threatened to continue an agreement that will bankrupt me...

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
This is still a matter of Scots law because the agreement was entered into in Scotland. What you have to do is engage a solicitor to attempt to negotiate a lesser figure based on your changed circumstances.
If they refuse to negotiate your remedy is to go to court and ask the court to vary the Minut eof Agreement based on a material change of circumstances. You may also be able to argue that the agreement was not fair and reasonable at the time it was entered into because, as you say, you weren't thinking properly at the time.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

What action can I expect in the meantime? I simply cannot afford this anymore and leaves me No disposable income, am overdrawn every month? The letter implies they are seeking to enforce the minute to the letter despite their client not allowing unrestricted access, My fear of course is I lose visitation in the interim.... Can I apply directly to the courts or does it have to be via a solicitor?

Expert:  JGM replied 2 years ago.
They could instruct sheriff officers to come after you for the money or make an arrestment of your wages so you have to take action quickly. You won't be able to prepare an action of this nature yourself unless you are acquainted with drafting court papers and know the court procedures. You should instruct a good family lawyer.
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