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Hi,
I have a badly written court order. We are currently living in one rental property. I'm happy with this living situation, however, my wife wants me to leave and I'm ok with that too.
The problem is whilst we're both here I pay the rent and bills and no maintenance, when I leave I start paying maintenance, when we both leave I stop paying rent and bills here.
So, it costs me a lot more to leave before her than after. She however wants me to move and said she's ok to pay the rent and bills (from the maintenance) if I move. THe issue is the court order.
I sent her the following:
Undertakings 16
The Husband gives his undertaking that he shall discharge as and when each payment becomes due, be solely responsible for and in any event indemnify the Wife against all sums due in respect of rent, council tax, utilities (including but not limited to gas, electricity, water and telephone accounts), and buildings and contents insurance premiums in respect of the rental property. The payments shall start on immediately and shall end on the first to occur of: i. Both parties vacating the property at the end of its lease; or ii. A court order discharging this obligation.
Global Periodical Payments 25
The Husband shall pay to the Wife global periodical payments. Payments shall be
payable monthly in advance (on the 1st day of every month) by standing order in
the amount of £2,500 pcm (less a pound for pound reduction for any payments
made pursuant to a CMS calculation).
Payments shall start from the date either party moves into their own property and
shall end on the first to occur of:
a. The death of either the Wife or the Husband;
b. The Wife’s remarriage;
c. A further order, or;
d. Alisha completing her secondary education.
So, the problem for me is 'moving out' as that's when maintenance starts but the current property payments don't stop till we both move out.
Can you agree that from the date I move out and start paying the Global Periodic Payments that you will discharge (pay) the undertakings in section 16, you will no longer require me to pay or indemnify those payments listed i.e. rent, council tax and utilities for the rental property?
My question is if she agrees to this in writing, and we change the rent and bills, and I stat paying maintenance, then am I off the hook for rental and expenses at this property we both live at now, or can only the court discharge that responsibility?
I have a badly written court order. We are currently living in one rental property. I'm happy with this living situation, however, my wife wants me to leave and I'm ok with that too.
The problem is whilst we're both here I pay the rent and bills and no maintenance, when I leave I start paying maintenance, when we both leave I stop paying rent and bills here.
So, it costs me a lot more to leave before her than after. She however wants me to move and said she's ok to pay the rent and bills (from the maintenance) if I move. THe issue is the court order.
I sent her the following:
Undertakings 16
The Husband gives his undertaking that he shall discharge as and when each payment becomes due, be solely responsible for and in any event indemnify the Wife against all sums due in respect of rent, council tax, utilities (including but not limited to gas, electricity, water and telephone accounts), and buildings and contents insurance premiums in respect of the rental property. The payments shall start on immediately and shall end on the first to occur of: i. Both parties vacating the property at the end of its lease; or ii. A court order discharging this obligation.
Global Periodical Payments 25
The Husband shall pay to the Wife global periodical payments. Payments shall be
payable monthly in advance (on the 1st day of every month) by standing order in
the amount of £2,500 pcm (less a pound for pound reduction for any payments
made pursuant to a CMS calculation).
Payments shall start from the date either party moves into their own property and
shall end on the first to occur of:
a. The death of either the Wife or the Husband;
b. The Wife’s remarriage;
c. A further order, or;
d. Alisha completing her secondary education.
So, the problem for me is 'moving out' as that's when maintenance starts but the current property payments don't stop till we both move out.
Can you agree that from the date I move out and start paying the Global Periodic Payments that you will discharge (pay) the undertakings in section 16, you will no longer require me to pay or indemnify those payments listed i.e. rent, council tax and utilities for the rental property?
My question is if she agrees to this in writing, and we change the rent and bills, and I stat paying maintenance, then am I off the hook for rental and expenses at this property we both live at now, or can only the court discharge that responsibility?
