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Ex not sticking to divorce agreement

15 replies

Beauchumps · 06/05/2019 12:20

Divorced 10 years ago. Ex agreed that he would help ds with setting up home post university. Ds has mh issues but has graduated and currently waiting to do further study. Lives with ex.
Ex is now saying he has no responsibility towards him and wants him out of the house.
Can ex be forced to abide by the divorce agreement even though ds is an adult?

OP posts:
Collaborate · 06/05/2019 12:47

Only if it’s an undertaking contained in a court order. I strongly suspect it’s not, because what you describe is very nebulous.

Beauchumps · 06/05/2019 12:59

It is only detailed in the separation agreement.

OP posts:
prh47bridge · 06/05/2019 13:46

In which case it is unenforceable I'm afraid.

Beauchumps · 06/05/2019 13:48

Thought so. Thanks for replying

OP posts:
TitianaTitsling · 06/05/2019 13:48

Does the further study have an end date?

Beauchumps · 06/05/2019 13:59

Yes. June 2020

OP posts:
TitianaTitsling · 06/05/2019 14:05

Would DS be able to get loan/part time job to help pay towards living costs? Am assuming the post grad will lead to employment?

Beauchumps · 06/05/2019 14:16

He already has a part time job...And yes, hopefully employment!
It's London....flats so expensive to rent. Minimum £900 a month.
He would struggle to house share due to MH issues.
I intend to help him out of course. It would be nice if his ( very wealthy) father could too.

OP posts:
Collaborate · 06/05/2019 18:37

What do you mean by separation agreement? Did you both get legal advice?

TitianaTitsling · 06/05/2019 18:57

Are you paying maintenance to ex as RP?

Beauchumps · 06/05/2019 18:59

Sadly I didn't get advice.
And no I am not paying maintenance....ds lived with me till last year.

OP posts:
Jon65 · 06/05/2019 20:02

@Collaborate isn't a separation agreement binding providing there was an intention for it to be so and both parties took legal advice?

Collaborate · 06/05/2019 20:10

Not binding but provided certain conditions are satisfied is likely to be followed by a court on divorce.

prh47bridge · 06/05/2019 20:17

The OP divorced 10 years ago...

Collaborate · 06/05/2019 20:45

But there’s a separation agreement. Whether they divorced 10 years ago is irrelevant. The question is, was a financial remedy order made?

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