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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 5859
Experience:  Dual qualified Solicitor and Attorney
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My ex wife has successfully applied to have a spanish

Customer Question

My ex wife has successfully applied to have a spanish maintenance order moved to the UK (2 days before expiry). We had an informal agreement due to my financial circumstances (lost job) that i would not be able to pay the full amount. Neither of us applied for an amendment or enforcement in Spain to save costs. Then she surprisingly applied to have it enforced in the UK. My financial situation is clear (bank statements and tax returns). Will the judge take the financial circumstances into account? I always paid around 50% of the amount on the order after I lost my job by borrowing. Any advice on how to approach this is helpful
Submitted: 5 months ago.
Category: Family Law
Expert:  Jeremy Aldermartin replied 5 months ago.
Hi thank you for your message, as it has now been transferred to the UK you should apply to have the order amended or set aside given your financial circumstances. As you may struggle to do this yourself I suggest you go to your nearest law centre where you can get free legal advice and representation. You can find your nearest one here: https://www.lawcentres.org.uk/about-law-centres/law-centres-on-google-maps/geographically
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 5 months ago.
The order is no longer "in place" as my kids are over 18 or in the case of my son he moved in with me. The provision in the order specifically for my wife ended in Oct 2018. I was going to use amendment by consent as the reason the order was amended in court. Can i still go and have the order amended?
Customer: replied 5 months ago.
her claim is historic. ie not to have the order enforced based on non payment during a previous period
Customer: replied 5 months ago.
sorry. To have the order enforced "not" was incorrect
Expert:  Jeremy Aldermartin replied 5 months ago.
You could have the order amended to the extent of your arrears being reduced or written off yes.
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.