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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 34668
Experience:  Over twenty-five years experience
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I speperated from my husband February 2017 we are still not

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I speperated from my husband February 2017 we are still not divorced because he is refusing to do any of the paperwork for it. I asked him (and provide him with) a separation agreement which he has also refused to sign. My daughter is at an expensive private school and he can’t afford it anymore and I certainly can’t. He has had to borrow from his parents £14k for this summer term. We agreed together to hand in notice to the school but he has now said he can afford it. He can’t and I know this for a fact. I phoned he school back in the Christmas holidays and spoke to the bursar. I asked him to remove me from the account as I couldn’t afford it as now we were separated. He said it had to be a joint agreeement between the two of us. He is playing difficult and stubborn and I don’t want to be left with a bill of £8k for my 50% as I don’t have the money. What should I do? Can I write a letter to the school and tell them I am handing in her notice?
Does your contract with the school actually state it needs to be a joint agreement to terminate?
Customer: replied 9 months ago.
The contract says ‘the parents’ means any person who has signed the acceptance form. The parents are legally responsible, jointly and severally for complying with these terms.
Then later under notice it says
Notice means a terms written notice given by
75.1 both parents or
75.2 one of the parents with prior written consent I sent of the other parent and
75.3 any other person with parental responsibility
Customer: replied 9 months ago.
I did sign the acceptance form when she joined a few years ago.
I see. The contract implies both are liable
Customer: replied 9 months ago.
It seems rather unfair if my circumstances have changed and I can’t afford it that I can’t be removed from the contract, especially as he is refusing to be reasonable. Do you have any suggestions on what to do? I was thinking I would write a letter explaining everything to them and trying to hand in her notice with a letter from just me and thenif they take me to court later for not paying my half then I at least have some proof that I did my best to make them aware of the financial situation and that it was their decision not to act on it. Would that work in a law court?
Well you can tell him in writing that you refuse to pay. As you are jointly liable this means technically you are both liable for the full sum. This means he’s technically liable for the full sum as well as you being so. This may scare him.
Customer: replied 9 months ago.
Is that my only option? there’s nothing else other than try and scare him? Which won’t work, he won’t care. He’s already got ccj’s, he’s only doing this to force me into financial problems.

Well you write to the school, but my concern is the terms of the contract which states that it requires joint agreement to terminate.

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