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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am getting divorced, we are not at the nisi stage yet. I

Resolved Question:

I am getting divorced, we are not at the nisi stage yet. I have left the marital home with my son who is 7 and we are now renting a house, my husband is divorcing me for adultary. I accepted a £10k payment in return for signing a form from his solicitor stating I do not want any further financial settlement, I have since found out that he has a lot more assets than he led me to believe. He isn't paying the right amount of maintanance and he has changed the agreed acsess arangement repeatedly. Is it too late for me to get any more money from him?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. What kind of form did you sign? Unless it was a consent order dealing with the finances approved by the court then it will not be an enforceable agreement regarding the finances.
Customer: replied 1 year ago.
I'm not sure, it was after he had filed for the divorce and I got a letter from the solicitor saying if I admit the the adultary he wont persue me for court costs then it said please state that you do not wish to persue any further financial claims, so I just wrote at the bottom of the letter that I didn't and signed it and sent it back to the solicitor.
Expert:  Harris replied 1 year ago.
Ok, it does not sound like a consent order. In the circumstances I would suggest that you see a solicitor in your local area to pursue financial relief proceedings / mediation to settle the finances as financial obligations to each other remain open until 1. death, or 2. an approved financial settlement or 3. a clean break order.
Customer: replied 1 year ago.
I have since found out that he has remortgaged the house that we lived in together, my name was never on the deeds though, and that by remortgaging the house he somehow now doesnt have to use the endowment he took out to pay the mortgage, so not he gets the hosue paid of quicker and gets the full endowment, plus he has a pension forecast which said it is worth 200k and he led me to believe it was quite small.
Customer: replied 1 year ago.
Also his solicitor told him the the divorce judge may overturn the decision to just let me have the 10k and award me more, is this possible?
Expert:  Harris replied 1 year ago.
I would suggest you consider an urgent court application regarding the finances as he could be dissipating (wasting) the assets.
The £10,000 you appear to have agreed to does not sound like a full settlement and by the sounds of the limited assets you have just mentioned the Court will have to consider these and propose an equitable settlement based on the full matrimonial asset pool, contributions, length of the marriage, your needs, your husband's needs and the needs of any children of the family.
Customer: replied 1 year ago.
Thank you for your help, I will seek legal advice in my area, I probably should have done that from day one but I felt bad going after half of his assets as he made out it would detriment our son, and he stated he would be spending weekends in the marital house with my son, wheras now, if he actually has him on a weekend he takes him to his new girlfriends. We had initially agreed maintanance between ourselfs at less than half of what the csa calculator said it should be on the proviso that he paid for all our sons clothes and school related items, but there has been some quibbles over this and the fact that he wants to have his son less than origionally agreed so I asked him to pay the proper amount of maintainance and I would deal with all expenses but he refused.7
Expert:  Harris replied 1 year ago.
Thank you and good luck. Please rate positive if you are happy with my responses.
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