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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am divorced (Australian law) and have concluded with my ex-wife

Resolved Question:

I am divorced (Australian law) and have concluded with my ex-wife that our privately arranged financial settlement was insufficient. I have offered to pay her £30,000 as a final financial settlement. She has agreed in principal. What do I need to do to have this finalised and legal as a final settlement in the UK, where we are both permanent residents.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did your divorce happen?
Clare
Customer: replied 2 years ago.

Hi Clare

By Australian Family Court Order on 1 Dec 13. I just want to pay her the sum agreed after reconsideration, but for that to be the final binding settlement.

Christopher

Expert:  Clare replied 2 years ago.
Hi
Was any Order made or approved by the Australian Court?
Clare
Customer: replied 2 years ago.

No, we had a mutual agreement that I have reviewed and I wish to pay a further £30,000. My ex wife has agreed and I want to make the payment and have it recognised legally as a final settlement.

Expert:  Clare replied 2 years ago.
Hi
May I ask why you feel you need to have this in writing?
Clare
Customer: replied 2 years ago.

Because I'd like it not to re-occur. People have short memories...

Expert:  Clare replied 2 years ago.
Hi
Do either of you intend to return to Australia?
Clare
Customer: replied 2 years ago.

Not at this stage. Both long term UK permanent residents with indefinite leave to enter.

Expert:  Clare replied 2 years ago.
Hi
The problem is that there is no basis on which any Order can be made by a Court here in the UK - there is no basis for one as the Divorce was dealt with in Australia
Whilst there is provision that allows for a court application can be made in the UK courts for financial provision following a foreign divorce but that would not be appropriate and would not cover a Consent Application.
Accordingly the only option is to have a written agreement signed by you both confirming that this is meant to be a full and final agreement
Please ask if you need further details
Clare
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