Without prejudice

I am a bit confused about when to use ''without prejudice''.
I need to send an email to my EX to confirm I do not agree to his reduction in spousal maintenance. He just changed it and gave me a big long reason about how he cannot afford it and will only produce accounts if a solicitor requests it. Both of these are part of the Consent Order.

So I am going to write:


I have read through your email and explanation for the reduced amount of spousal maintenance.
I can confirm I do not agree with your proposal and am not able to consider it further without full financial disclosure, which would need to be for both yourself and A.
By not providing your accounts and tax return and reducing the agreed amount of spousal maintenance you are in breach of the consent order. This order was put in place less than a year ago after advice and negotiations with solicitors.

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Does this need to be ''without prejudice''?? Any additional advise on wording or anything to add would be useful. I can mention that I would need to request a penal notice and seek to recover costs but I think he will take that as a threat and NOT respond well. thank you.

If you do not know what ''without prejudice'' means you should not use it. Some people think it means that whatever you write which is headed ''without prejudice'' cannot be used in court - this is incorrect.

Is there an order for maintenance? If so, your ex will be in breach of the order by reducing payments. The correct method of reducing payments is to seek your consent or apply to the court for a downwards variation.

If there is no such agreement or application to the court you can apply to the curt for enforcement of the current order.

Charles

There is an order for maintenance in place, EX has decided he wants to reduce it and is hoping I will agree.he has not yet applied to vary, he is obviously hoping I will just agree to it reducing and then stopping in 19 months.

I need to confirm to him by email that I do not agree to this and he is in breach of order. He is also supposed to give me accounts each year, he is saying he will only do so if requested by a solicitor.

I have been told by a solicitor to let him know and then see if he applies to vary. At the moment I do not want the expense of enforcing an order. He is likely to apply to vary but for now I need to acknowledge his email and say I do not agree.

Is my email OK? I shall send as a normal open email.

Your ex cannot decide he wants to reduce payments - he needs permission from the court.

You do not need to agree to a reduction particularly if you have no access to his accounts.

Open email is fine. Be reasonable in your response i.e.

You have requested that I agree to a variation of the existing order.

However, I cannot consider the variation without financial documentation confirming a change in your circumstances. Please provide that documentation.

The current position is that you should maintain the payments as ordered until the order is varied or we agree an adjustment if appropriate.

Charles

I would like to send ex an email proposing that he suggest a full and final settlement for me to consider. However I do not agree to his current proposal and will not be able to manage without SM of some amount in the future. I want to run the idea past him but at the same time again be clear that I do not agree to his proposal to reduce and stop SM in 18 months time.
How would you suggest I word tis and I believe my last solicitor told me to send this as without prejudice.

I am also instructing court to notify him that he has back payments to make and that he needs to continue to pay agreed amounts of SM.

I need to be firm as he is sending me emails about how I can downsize house to access capital to supplement my income instead of SM etc.
Thank you

How was the sm agreed in the first place. Was it via court or consent?

Yes consent order via court April 15.

I realise he cannot just change it etc.