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Divorce agreement, Any advice please
#1
Hi, does anyone have any knowledge of the process of when finalising divorce an agreement was added that the father continue with arrangements for having children stay. This has now been breached, and am sure i read that if it was in writing at the time of legalities going thru on divorce, it would be a legally binding agreement. If this has now been breached can you apply straight to court or do you have to go thru the mediator process?
Need to know what to do next without lengthy expensive time wasted.
Thank you.
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#2
(07-15-2017, 12:42 PM)TO2411 Wrote: Hi, does anyone have any knowledge of the process of when finalising divorce an agreement was added that the father continue with arrangements for having children stay. This has now been breached, and am sure i read that if it was in writing at the time of legalities going thru on divorce, it would be a legally binding agreement. If this has now been breached can you apply straight to court or do you have to go thru the mediator process?
Need to know what to do next without lengthy expensive time wasted.
Thank you.

It comes down to the status of your document.

If it is a Court Order, then you can go to Court for Enforcement.

If not, then you need Mediation before you get the right to apply to Court. However, you can exibit your document as part of your Position Statement.
That would mean in law she needs to show good reason why it needs to be changed, and it must be something new, since when that agreement was made.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
(07-15-2017, 03:05 PM)MarkR Wrote:
(07-15-2017, 12:42 PM)TO2411 Wrote: Hi, does anyone have any knowledge of the process of when finalising divorce an agreement was added that the father continue with arrangements for having children stay. This has now been breached, and am sure i read that if it was in writing at the time of legalities going thru on divorce, it would be a legally binding agreement. If this has now been breached can you apply straight to court or do you have to go thru the mediator process?
Need to know what to do next without lengthy expensive time wasted.
Thank you.

It comes down to the status of your document.

If it is a Court Order, then you can go to Court for Enforcement.

If not, then you need Mediation before you get the right to apply to Court. However, you can exibit your document as part of your Position Statement.
That would mean in law she needs to show good reason why it needs to be changed, and it must be something new, since when that agreement was made.

Hi, thanks for your reply, it was an agreement drawn up during divorce, via a solicitor stating i wanted nothing from marriage only my rights to continue to have my children as per agreed when marriage broke down. I asked for it in writing which would have been signed  and agreed on the marriage finalisation. A solicitor advised this step and i wanted it to ensure she could not change it to suit herself! Of which she has just done over a petty situation, tho' she has always verbally controlled our situation and when i get extra time if things are not done on her terms! I thought i had read it would have been agreed via solicitors and that the courts would have signed the divorce off with those terms included. Therefor she having breached the signed agreement between both parties.
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