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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12190
Experience:  30 years as a practising solicitor.
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Hello, I am just trying to find a solution for my daughter

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Hello, I am just trying to find a solution for my daughter who is divorced and agreed to pay her ex husband £45,000 as his settlement. Her husband walked out one night and moved in with someone nearby immediately. Lesley (my daughter and Paul (son-in-law) have two girls and their own house. Lesley is still in the house, which she desperately wants to keep. However she paid her ex £20,000 as part of the settlement and is due to pay the other £25,000 by August 2015. The £20,000 was added on to the original mortgage but she cannot afford to pay the £25,000 and my husband and I wondered if there would be any way Lesley would be able NOT to pay this money. My son-in-law pays minimum CSA and will not help out with any additional payments towards anything. He sees one of his girls (Leah) every two weeks for a couple of hours even although he agreed to take her for two weeks at the Summer and two weeks at Christmas, which he does not do. He buys Leah a Birthday and Christmas present but Rachel gets nothing at all. He won't even speak to his eldest daughter. He has now asked Lesley to pay the petrol money when he picks Leah up the Saturday he sees her. Paul has since married the woman he left Lesley for and they have a daughter. They live is a new £230,000 house and drives a BMW (new one) and my daughter is struggling to bring up her girls. We have tried to tell Lesley she must sell the house but at the moment houses around here are not selling quickly and she just wants to keep her house. What a mess!!!!!
Thank you for your question.

Was the capital payment to the husband arranged by court order or Minute of Agreement. What were the other financial terms of the divorce settlement?
Customer: replied 4 years ago.

Hello, the capital payment was through Minute of Agreement. Paul wanted to put Lesley and girls out the house but then he agreed she would pay him the £45,000. There were no other financial settlement.

Thank you, MK

On the assumption that the money is due as the balance of his share in the former matrimonial home then the Minute of Agrrement is binding I'm afraid.

It can only be varied by the court In very limited circumstances where the agreement was not fair and reasonable at the time it was entered into. That dies not apply here so I'm afraid there is no remedy for your daughter to fall back on.

Happy to discuss further.
Customer: replied 4 years ago.

Thank you very much for your assistance in this matter.I appreciate your help and time. MK

You're welcome. Don't forget to rate my answer on the system so that I'm credited of my time.
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