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I have been divorced over ten years. My child support settlement was done through a county court and all was agreed etc.
10 years on I am still liable for my son who is at university, which I accept.
My daughter left school after her A levels and did not go to university until 2 years later.
The divorce papers included the term 'tertiary education' which basically means I pay until they are finished at University.
I entered into an exchange of e mails with my ex wife and we came to an agreement where I would pay a set amount to her for my daughter at University.
However, due, to a number of factors I no longer wish to comply.
My ex wife however has taken my e mails as a legally binding contract and if you have ever read up on it, this can be quite tricky. That said I cannot find anything on it in relation to DIVORCE.
I consider myself beyond the original court order re my daughter due to her being out of full time education for two years and only then deciding to go to University and have been legally advised to that affect. (I believe my ex wife has been too or else she would not have hesitated in taking me to court for what would have worked out to be 10K)
It was after these discussions that I agreed to pay a set fee..................So, does anyone know whether such an exchange of e mails agreeing monies between ex partners be deemed as legally binding?
I have one week before the hounds are unleashed in the form of her solicitor.
I really appreciate you taking the time to read and help!!
You may be best having a word with the Citizen's Advice Bureau on this.
My gut feeling (which could be wrong) is that the emails won't be legally binding in themselves, but they may well show what the intent was, so may sway a court in a certain direction unless you can show why circumstances have changed to the extent that it would be reasonable for them to rule otherwise. But, as I said, you need some proper legal advice, so the CAB may be you best bet, other than a solicitor. I wouldn't take anything your ex's solicitor says is true as being so, if you're not happy with what they are saying, get it checked.
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