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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8536
Experience:  Barrister at law
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I pay spousal maintenance which was ordered by a personal

Customer Question

Hello
JA: Hi. How can I help?
Customer: I pay spousal maintenance which was ordered by a personal agreement. Am I able to reduce the amount
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: No as I don't know how to proceed
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Stratford-upon-Avon
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes the personl contract I first signed had a restriction of 4 years then just before the court judgment I signed another contract which removed this restriction I feel I did this when I was under a lot of stress and I need a qualified person to look at both contracts
Submitted: 9 days ago.
Category: Family Law
Expert:  plclegal replied 9 days ago.

Good evening.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

Expert:  plclegal replied 9 days ago.

Do you have a document you would like me to look over in that case?

Customer: replied 9 days ago.
I have the original and then the last copy I signed.
Customer: replied 9 days ago.

I have the documents ready

Expert:  plclegal replied 9 days ago.

Can you upload them here for me to see please?

Customer: replied 9 days ago.
This is the page in the first signed agreement
Customer: replied 9 days ago.
This is the page in the 2nd document signed I feel that this was signed under duress at the time
Expert:  plclegal replied 9 days ago.

Can you give me some more context as to how this was signed under duress? The original agreement (which was not legally binding) was signed in 2019 and lists SM to 4 years with a review thereafter. The 2021 court order (which isa legally binding) is set at the same amount but it is not time limited. Why is this the case?

Customer: replied 9 days ago.

I was lead to believe it was the same document but when she submitted it to the court she told me a slight word change was required and that I had nothing to worry about. At the time I was very stressed when I agreed to meet her and sign the form.

Expert:  plclegal replied 9 days ago.

I understand. There. may be grounds to make an application to set aside the SM order on account of duress.

However, these applications are not easy to make.

Have you considered mediation as a way forward? This would enable you to set out why these payments cannot continue and if you agree an amendment the order can effectively be changed by agreement without recourse to the court.

I hope that this is of assistance?

Customer: replied 9 days ago.
Thank you for your advise I'll try mediation as a first route
Expert:  plclegal replied 9 days ago.

My pleasure, happy to have helped today.

Thank you for your enquiry. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 9 days ago.
Does mediation mean with a solicitor present or a conversation between us both and agree different terms
Customer: replied 9 days ago.
will we need to apply for a court judge to agree the terms
Expert:  plclegal replied 9 days ago.

You can find a mediator with the link here: https://www.familymediationcouncil.org.uk/

​If you agree and record the terms in writing there's actually no need to go back to court over this.

Expert:  plclegal replied 9 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter