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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 3660
Experience:  Barrister at law
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My divorce is all sorted and financial status has been

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Hi my divorce is all sorted and financial status has been ordered by the court.
My x has legal obligations as to the occupancy order to pay the mortgage and bills on the old family home till it’s sold, now she has informed me that she can’t afford the mortgage and wants me to help? I have said that I will take the mortgage over if she vacates the property and I want back the money once the house is sold. I haven’t heard anything and wondered if she stops paying is she in contempt of the order ?

Hello and thank you for your question.

Yes if there is a court order that she meets the payments and remains in occupation then she will be in breach of the order if she stops making these payments.

If the court order was made recently, what has changed in her circumstances that means she now says she cannot afford to pay?

Customer: replied 3 months ago.
She had a part Time job 3 days a week and to make her work up she did bank work at the hospital she says that bank work is no longer available due to circumstances? But doesn’t say what circumstances I think she was jut trying it on ? I have emailed her solicitor but have not yet had a response

There would need to be a demonstrable change in circumstances to vary the order, so I would press for a reasoned response and proposal from her solicitor (though of course they may not be instructed by her any more, if proceedings have concluded). If not - I would suggest you reiterate that the order needs to be followed or she can apply to vary - otherwise you will have to consider a breach and enforcement application.

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter

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