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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11446
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In 2002 as part of our divorce settlement and working on the

Customer Question

In 2002 as part of our divorce settlement and working on the initial principle of a 50/50 split, but taking into account the fact that my ex wife needed additional funds to ensure ' a roof over the head' of our daughter the Judge made a Mesher order on
the proceeds of the sale of the matrimonial home, whereby my ex wife received 65% of the proceeds and I received the remaining 35%. A legal charge was made on this additional 15% and the 'charge shall not be exercisable until: a) the child of the family, Ania,
shall attain the age of eighteen years or complete her full time education, whichever shall be the later; or b) the death of the Petitioner: or c) the remarriage of the Petitioner or d) the Petitioners cohabitation with a man for a period of 6 months whichever
shall first occur or further order of the court provided that in any event the said legal charge shall not be exercisable without the leave of the court while the child of the family is in occupation of the said property is still a minor or of full age but
receiving full time education. My question relates to the term ' receiving full time education'. My daughter reached the age of 18 in June this year, and finished 'full time education' the next day. She did not get particularly good 'A' level results, and
has decided to take a 'gap year' and may apply to a further or higher education institute next year. Currently she is working part time in the retail sector, and has made no positive applications to colleges , universities etc. I wish to exercise the charge
on my ex -wifes property and recover my 15% of the property value. The case law appears to be a tad vague on what constitutes full time education and the wording of the order is not particularly specific. In short , does 'full time education' cease when a
child ceases secondary education, or does it cease after they complete tertiary education - even when a so called 'gap year' is taken. Does taking a 'gap year' constitute a legitimate break? What would happen for example,if she decides to take another gap
year in 2016? To me the answer appears fairly obvious, but case law may surprise me. Can you advise?
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. My name is***** and I will be assisting you with your question.

Expert:  MIAMILAW1127 replied 1 year ago.

Full time education for an 18 year old in college would typically be classified as taking a minimum of 12 credits while enrolled in undergraduate studies at a college or university.

Taking a gap year would not classify as full time education. That is technically considered zero education.

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