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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1368
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I was divorced 10 years ago both my x husband and I are wealthy in our own right ...the ag

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I was divorced 10 years ago both my x husband and I are wealthy in our own right ...the agreement we had was £550 per month and half school fees/university it was a legal agreement which at first did not reflect higher education but was changed after discussion to reflect this .... my daughter has just started university and whilst my x husband is happy to pay for university fees he wants to stop maintanence ...I remember that we had the agreement changed to cover half university fees and continue with the £550 per month until her schooling ended ....I think the agreement was drawn up by his solicitors i do not have a copy and can't remember who i used ...would they still have a copy after 10 years and would they have to give me a copy? my daughter is with 95% of the time husband is away most o the time ...we have expensive lives and I feel it is right that we stick to what was agreed s
Welcome to Just Answer
Thank you for your question.
Although it may be possible for the agreement to be obtained - my concern would be that if the variation wasn't officially approved by the court then it is likely not to be legally binding.
If your husband solicitors have brought the agreement on their archive records - perhaps they can see who they were corresponding with so you know who acted for you so you can contact them also.
It the variation agreement was sealed (approved) by the court then you could seek enforcement.
If not - check if your original order made provision for ongoing nominal payments - this could open the door for a variation. Generally the only ground upon which the Court will consider a variation application for a spousal maintenance order is if there has been a financial change of circumstance. On a variation application, a judge can vary the maintenance order up or down, suspend or terminate it or capitalise it into a lump sum. This type of litigation is hard to call because the Judge has such a wide discretion.
You should consider making a referral to a specialist mediation service. They can assist in relation in relation to negotiations about division. One such mediation service is the National Family Mediation service.
If agreement cannot be reached then an application would need to be made to the court. You should attempt mediation first.
Kind Regards
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