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breach of order

  • treaclepie
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4 years 10 months ago #471216 by treaclepie
breach of order was created by treaclepie
I recently went to court to finalise m order for spousal maintenance. This has been done now and I am awaiting the court papers however my ex believes that he has been ripped off by my barrister and that he agreed in court of the split of 60/40 when the house gets sold as a gross figure but he seems to think it is a net figure and he is not at all happy and says he will not be paying the mortgage direct even though this was yet condition until he received the papers from the court and can ask to change it. Can he do this?

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  • LittleMrMike
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4 years 10 months ago #471253 by LittleMrMike
Replied by LittleMrMike on topic Re:breach of order
Not too sure. For what it may be worth, if a sealed order is in existence, and one of the parties claims it did not accurately set out the agreed terms, the burden of proving this would be on the party who made the allegation.

LMM

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  • TurboB
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4 years 10 months ago #471255 by TurboB
Replied by TurboB on topic Re:breach of order
all the discussions I have had suggest to me that the split would be done after cost of sale etc so net. He maybe right.

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4 years 10 months ago #471275 by treaclepie
Replied by treaclepie on topic Re:breach of order
My ex is saying that he needs to sign the paperwork from the court but as far as I was aware there is no paperwork to sign because it was agreed and he has to abide by it he agreed to pay from nexy month so I cant see how he can change anything.

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