Am not earning any more due to covid. There is an undertaking given a few years back to my ex to pay her mortgage while we settle matters. She is not keen to resolve and has been delaying a financial settlement.
Can i explain to the court that I cant afford to pay 2 mortgages (mine and hers). And hence stop paying her mortgage
Also is an undertaking different to a financial order? Mine is an undertaking not a financial order.
As for my understanding if your X has signed a Court undertaking that to pay the mortgage why are you paying for the Mortgage?
Unless l have missed something?
I'm in the same position and (Not paying) my x has played the pandemic card and has taken 6 months holiday on the house in which she will pay back once the house is sold.
A financial order is a type of Court Order which details how you and your ex-spouse will deal with your finances upon divorce. Once you have obtained your financial order from a court, the arrangements detailed in it are legally binding.
An undertaking is a promise to the Court. An undertaking to the Court is as binding as an Order of the Court. For example, where a person gives an undertaking that they will take a certain action, the Court will require that person to take that action as if the Court itself had ordered the person to take the action.
Last edit: 24 Nov 20 by Djsmith. Reason: Added section