top of page
Writer's pictureINDU Kumar

Divorce - Impossibility of Performance.

Sometimes when parties are separating, they demand amounts which may look fair to them, but these demands may be impossible to perform.

I came across a case where the husband is currently working on a daily wage with a moving company. He began work a couple of months ago after being incarcerated. He had arrears in maintenance, where there is an existing order for him to pay.


When we looked into his wealth statement and what he needed to pay, plus the new demands from his spouse, I highlighted to the spouse and her counsel that it would be Impossible to perform; hence we can't come into a consent.


The husband insists, that’s all he has, which is true. We have set the case for further mediation for the husband to go and try to get an additional job or come back with a committed amount that he can live with to pay. Hopefully, with a figure, we can come up with a an amicable resolution.


Working out finances in a divorce can be tricky. Parties need to bear in mind that their basic needs like food, shelter and travel expenses may cost more after divorce. The increased expenses will affect their disposable income. Child support can take a chunk, and they would need to set aside money for your children’s future, especially studies. They would need to consider carefully what they see themselves in 5 -7years time.


Have a read on the link below to get an idea of what you have to consider. If you are still having doubts, do approach a Counsel and get some advice on what your rights, responsibility and obligations.

10 views0 comments

Comments


Post: Blog2_Post
bottom of page