A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.

Precedent? Clearing of backpayment of spousal supp.

  • Justanotherthing
  • Justanotherthing's Avatar Posted by
  • Junior Member
  • Junior Member
25 Jul 20 #513435 by Justanotherthing
Topic started by Justanotherthing
I wondered if someone could help me please, I am seeking advice on an existing court precedence in order for the court to support my request.

My ex and I separated 5 years ago and divorced 4 years ago. I agreed 50/50 split of my salary to her but as we did not use a lawyer (I know) I failed to have this coined correctly as a Global agreement. This was of course intended to cover the cost of the children as well as her.

5 years later, after getting in debt, the ex has gone through proceedings to request child maint from me after advice from a debt service. This is on top of the 50% of my salary, which is crippling me. I have a new partner, new house and two new babies. It is unsustainable and unreasonable.

I have paid the child maint. and 50% of the spousal. She has taken me to court for 6 months back payment of the spousal I have not paid her (and her costs of £5k). I have told the court I cannot pay what I do not have, and it is simply ridiculous to expect me to go to work and give my ex 75% of my salary.

The court have advised they are inclined to do a variation going forward but cannot clear the pack-payments of spousal owed, because they don't know of a court precedent where this has happened before.

My question is: does anyone know of a court precedence where this has happened please? This would be seriously beneficial to my case.

Thanks in advance!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11