Hi,
During mediation my spouse and I have agreed that I pay maintenance for the kids and none for her. My solicitor wrote it into a Terms of Settlement doc like so:
I am aware that spousal maintenance agreements are not legally enforcable and can be overturned by a judge. But I find it bizarre that I'd sign an agreement with no reference to spousal maintenance at all - or is it normal? I would've thought that a Deed of Separation/Terms of Settlement would typically specify spousal maintenance even if zero - and that would typically influence a judge, since both parties have agreed to it.
So my questions are basically, a) is it okay to have the 'waive spousal maintenance' clause in signed separation agreement, and b) if not, is it okay to have 'zero spousal maintenance' instead or is there not difference between that and waiving? (and I know any and all agreement on spousal can be overturned later)
Cheers
During mediation my spouse and I have agreed that I pay maintenance for the kids and none for her. My solicitor wrote it into a Terms of Settlement doc like so:
- They agree that on the execution of these terms [ME] will commence payment of the monthly sum of €XYZ.00 recurring to account number (INSERT) for the benefit of the children, the said figure to be apportioned as to 54% for Child A and 46% for Child B
Spouse's solicitor is claiming that a judge will laugh at her for allowing the 'waives and abandons any future claim for spousal maintenance' clause - so is insisting on removing it.
- In consideration of the sum of €ABC.00 paid by [ME] to [SPOUSE], on receipt of these executed Terms of Settlement, [SPOUSE] waives and abandons any future claim for spousal maintenance from [ME] and further waives any claim on the matrimonial assets of the parties. Both parties further waive any claim on the current or future assets of the other.
I am aware that spousal maintenance agreements are not legally enforcable and can be overturned by a judge. But I find it bizarre that I'd sign an agreement with no reference to spousal maintenance at all - or is it normal? I would've thought that a Deed of Separation/Terms of Settlement would typically specify spousal maintenance even if zero - and that would typically influence a judge, since both parties have agreed to it.
So my questions are basically, a) is it okay to have the 'waive spousal maintenance' clause in signed separation agreement, and b) if not, is it okay to have 'zero spousal maintenance' instead or is there not difference between that and waiving? (and I know any and all agreement on spousal can be overturned later)
Cheers