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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Is it OK to change (not officially) a financial order by mutual consent? Will this invalidate anything

7 replies

reggield · 21/02/2025 09:46

Divorced recently and we have a financial order, all signed and sealed by a judge. According to it I have to leave the house by a certain date when DCs are a certain age. But I've asked XH if I can stay on up to 6 months longer (and pay him rent in that time) until my new place is purchased. Does this have to be OKed by a court again? I'd rather not spend any money on this unless an absolute must.

I don't want anything else in the Order invalidated if the terms haven't been kept to (by my staying on). Is this an issue at all?

OP posts:
AnotherVice · 21/02/2025 10:24

Well obviously it couldn't be enforced if he changes his mind. How old are your children? You likely have plenty of warning to sort new accommodation prior to the deadline?

millymollymoomoo · 21/02/2025 10:25

If he agrees to it that’s fine.
if he didn’t he’d be able to get an enforcement order

reggield · 21/02/2025 11:06

Sorry I should have clarified. He does agree, or I wouldn't be asking. I mean is it OK from a legal point of view and would the rest of the financial order still be valid?

OP posts:
travailtotravel · 21/02/2025 11:12

I'd get it in writing from.him
.I agree you can fo thus and it does not invalidate anything else in the order. You will pay x rent on your dates and will be out by x date if not before. The reason for this variation is stability for the children while new home is found/repaired/keeps them in school until a new term (whatever it is). Might not be legal but shows you talked about it and agreed all the other stuff. But the only way for it to be legal is to ask a solicitor.

reggield · 21/02/2025 11:14

Thank you @travailtotravel That is helpful.

OP posts:
Theunamedcat · 21/02/2025 11:17

Ask him to draw up a 6 month tenancy type agreement? Or just a letter of agreement signed by both of you? Ultimately you need something in writing or he can get you out

Imgoingtobefree · 21/02/2025 11:18

I agreed to accept 50k less from what was agreed in the Final Order (long story).

My ex insisted on me signing an agreement so I couldn’t subsequently go back to Court and make him pay it.

My solicitor drew up a separate agreement. There was no delay of going to Court.

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