I am currently going through the process of obtaining a Clean Break from my ex-wife, who i divorced in 2006, split up from in 2003. I have requested on many occasions that we obtain a clean break but unfortunatley she always said she is happy as she is. Well i have taken the step of issuing court papers after 3 months of ignoring my solictior apart from trying to stop me see the children. Since our split this is the following i have paid.
House deposit for her and children £5000
Solicitors Fees £1899
Ford Fiesta on Finance £5262.92
Black Horse Finance in joint names £2324.13
Money towards items for new house £4500
Full paymnet of mortgage since April 2004 to date.
At the time of buying the house the solictior acting on behalf of us both asked me to sign letters to say I would benefit to any future sale of the property, to which I do not want to anyway and that i would seek a reduction in mortgage payments if someone lived with Mrs Broome.
WOuld these letters stand up in court as binding and what do you believe my position is on the payments made so far?
I hate to say this, but you were unwise to have the same solicitor represent you both. You see, solicitors are used to being asked to represent one client and to look after that client''s interests exclusively. If there is another party involved, then that other party should seek to get legal advice on their own account ( excuse the grammar ).
If you are asking me whether these letters will be regarded by a Court as binding, the answer is, in all probability, no.
Well, if you get involved in proceedings for a financial order, the Court will make its decision by reference to the circumstances at the time when the Court is called upon to make its decision. The fact that you made the payments is, of course, relevant ; if she has a house, that will be relevant. It will be relevant if she married or cohabits.