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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 10314
Experience:  Dual qualified Solicitor and Attorney
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My 30 year old daughter and her fiancee have recently broken

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My 30 year old daughter and her fiancee have recently broken up and now live in separate flats. However, during the COVID-19 lockdown they were unable to pay bills as usual and have accrued in the region of £10,000 of arrears, meaning each is responsible for just over £5,000 of repayment. We are in a position to lend our daughter her half, but need a legal document with all arrears listed to ensure the other half is paid by the ex (as agreed verbally). Our thoughts are a document which is then witnessed by either one or two mutually agreeable friends? Her ex is Australian/British and our concern is she returns to parents in Australia and does not settle if she moves? Appreciate your thoughts on whether this would be legally acceptable, as well as any other advice that may be helpful in the circumstances. Thank you. *****

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Depending on the nature of the arrears if these are joint accounts then even if your daughter repays her half she would remain liable for the other half as on a joint account she is in theory liable for the whole lot as it her ex. Therefore, I cannot foresee a document that could be used to ensure her ex pays their share. Maybe if you could confirm with their partner they actually have the means to pay their half and only pay your daughters half once they have paid their half. I trust this assists

Customer: replied 7 days ago.
Jeremy, I appreciate your advice. The ex-partner has verbally agreed she is responsible for half and we just wanted to list exactly what is owed and get her to agree to continue to pay ...on the agreed arrears plans with each creditor ... getting both of their signatures witnessed, dated with witnesses' addresses as the ex will NOT be in a position to pay a lump sum. We have taken equity release on our property to pay our daughter's half (though the ex partner does not know this). Everyone is hoping this signed document will mean it is legally binding. If it is not, we shall still go ahead with the plan and trust she will honour her agreement. Mrs. Broom

I see well it will be a strong document in those circumstances and should be enforced. I trust this assists

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Customer: replied 7 days ago.
Jeremy, thanks so much for your guidance. Kind regards, ***** *****