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Separation Agreements and a sudden change in circumstances

  • 23-10-2020 07:59AM
    #1
    AnRothar
    Registered Users, Registered Users 2 Posts: 731 ✭✭✭


    In light of the current devastation of the airline industry I started to wonder about the impact of a sudden change in circumstances could affect things (I have deliberately picked Aviation as the field as all the doomsayers are postulating years before things recover).


    Take for example an individual who is on a large salary of X

    As part of their agreed separation they agreed to give the other party half of X per year as a "full and final" settlement (not sure the correct term)



    Suddenly they have had a reduction in circumstances where they now earn Y. Where Y is say 50% of X.



    I have no idea the actual difference and implications of Legal Separation vs a Divorce or if there is even a difference.
    I assume that they would have to go back to whoever signed off on the deal?
    Would the new circumstances result in a renegotiation of the agreement?
    Would said renegotiation be
    1. permanent or
    2. for the duration of the crisis or
    3. would it be until the previous salary is back to X.

    If the last would there be a clause that the other party could "recover" the lost amount by a future contribution of X/2 + "back dated"?


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,830 Admin ✭✭✭✭✭hullaballoo


    The party who wants to change the terms brings a motion to vary/discharge the maintenance order if it is court-ordered maintenance. If it's just an agreement between the parties, the party who wants to change it would probably have a bit more of a headache trying to rely on some kind of frustration of the contract or something to renegotiate on a legal basis.

    If the terms of the maintenance order or agreement are not altered by proactive steps, then there would be a claim for arrears so to speak for the non-paid amounts pursuant to the maintenance order/agreement.

    Thus it would be a mistake to simply bury the head and hope everything goes away but typically, this is what happens.


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