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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!!
Hi there,
I "think" emails are as good as snail mail these days. I can't myself say for sure whether or not they are legally binding. I think i'll also investigate this myself as it would be good to know 🙂
It is good to know, bit of a nightmare really as we often 'agree' to things but what we really mean is to consider things
I think it is best that anything you should write includes 'consideration' or subject to legal advice at least
I don't think they would be counted as legally binding, you could argue that you felt under duress to agree and had not taken advice on your legal standing at the time you wrote the email.
If you don't have a solicitor you could ask you could go for one of the free initial consultations that many solicitors offer, or go to the CAB and they will be able to advice on the legalities.
Hi There,
I agree, I don't think it would be legally binding either, you can easily edit an email before printing it which would make it very difficult to make it legal.
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