A case was recently reported whereby a husband was sequestrated as a result of non-payment of child maintenance and spousal aliment.
The question for the Court was a legal point in relation to enforcement and sequestration. However what is interesting to note from the case, and why it relates to family law, is that the parties had entered into a Minute of Agreement regulating their finances after divorce.
The couple were married for around 11 years. During the marriage they had two children. When they separated, they entered into a Minute of Agreement (sometimes known as a Separation Agreement) which specified the amount of monthly payments to be made in respect of child maintenance and spousal aliment.
The husband appeared to have got into financial trouble and as a result, defaulted in respect of his contractual payments. His wife then took action against him and he was subsequently sequestrated.
This case demonstrates the importance of any Minute of Agreement which parties can enter into when it comes to child maintenance and spousal aliment. Once signed it is registered for preservation and execution making it legally binding, which allows enforcement without the need for taking the matter to Court should the “payer” default in respect of any agreed sum detailed in a Minute of Agreement.
Entering into a Minute of Agreement has serious legal implications. Accordingly you should take your own independent legal advice before signing any Minute of Agreement. If you would like advice regarding any of these issues, please contact a member of our Family Law team.
