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Broken Mediation Agreement

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29 Nov 17 #497883 by rileydpr
Topic started by rileydpr
In September 2016, after 6 and a half year's separation I entered into mediation with my ex-wife, to finalize our divorce.

My current partner was pregnant at the time, and due to give birth in February 2017 (actually gave birth in December), so there was huge pressure on me to end the divorce process and i would have agreed to any outcome just to bring the divorce to an end.

During mediation (although my wife only attended one session, and kept cancelling) we agreed a financial settlement and arrangements for our 8 year old son.

The mediation agreement was drafted in December and my ex-wife changed jobs two weeks later.
When i attempted to make the mediation agreement into a Consent Order, my wife refused to provide new payslips so that up to date financial information was used.

Due to the pressure of caring for a two month premature child i asked my wife whether we could adjust the child care arrangements. She refused, but the change was made - we moved from a situation where i had my son every weekend to alternate weekends.

I have never been able to formalise the financial agreement by way of a consent order, as pay information was not provided, and my ex-wife has now broken the financial arrangements made under the agreement.

I obtained a Decree Absolute in December 2016. What steps are available to me to bring the matter to an end? I am currently paying over £1000 per month in mortgage and maintenance costs, my wife lives in the former matrimonial home (which is owned in my sole name, and for which i made all mortgage payments, and which my wife left in September 2013, i allowed her to move back in in December 2016 as part of the mediation agreement and i moved out to live with my new partner in a new home we purchased in February 2017 - at significant costs as i had to pay additional rate stamp duty).

I can not afford to maintain two homes, pay child maintenance, and need to close the matters off. The pressure on my existing relationship is moving to breaking point. What steps are available? Do i need to take the financial arrangements to court? How would i do this as i do not have a consent order, and decree absolute was made in December 2016.

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