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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife left me three years ago and moved overseas. We both

Resolved Question:

My wife left me three years ago and moved overseas. We both took advice but didn't want to divorce. I had an agreement drawn up by a solicitor (deed of compromise) stating that a settlement figure equal to half the equity in our marital home and agreeing that she had taken all furniture etc that she wanted and would not make further claims in the future.
It states that either one can apply for divorce after three years.
We both signed it with independent witnesses and filed it with the solicitors.
We have tried to make it get together since but due to many factors it's not working.
We have a17 year old child who lives with mum.
As we have an agreement in place, is it a straight forward process to divorce or can she make additional claims against me.
Dispute the distance, I'm very much an active parent. I currently pay maintenance that covers her mortgage and all household bills.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Please confirm if you are in England or Wales, and where your wife has moved to?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Harris replied 1 year ago.
Hi, I cannot take a phone call at the moment, but if you are able to provide the information requested I can continue to assist you.
Customer: replied 1 year ago.
I'm in england she moved to N-Ireland
Expert:  Harris replied 1 year ago.
Thank you. You will be able to pursue a divorce in England - this can be done under unreasonable behaviour or two year separation (although for this ground she needs to provide her written consent). In relation to the financial matter, as long as neither of you are contesting the previous agreement or making a further claim for financial relief, this can be turned into a consent order which can be submitted to court for formal approval once the Decree Nisi is granted in the divorce. I would suggest you have a solicitor prepare the consent order so that all the legal issues are dealt with in the order. The solicitor can also enquire with your wife to ensure that she is in agreement to have the previous agreement reflected in a court order. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
My question was, am I still liable for additional claims against my home and assests
Expert:  Harris replied 1 year ago.
Potentially - you both will continue to be open to a financial relief claim from the other until a court order is made settling the finances or the prospective party making a claim remarries. If your wife does not agree that the previous agreement should be converted to a court order, then she can make a claim towards your home and assets. If this does happen there will have to be full and frank disclosure between you to identify your respective financial positions before you can start discussing a settlement. However, if she does pursue this you can provide the court with the previous agreement and request that it be converted to a court order. There is case law that if a previous agreement has been entered into and finalised that this should be reflected by the court, but the court has the power to overlook such an agreement depending on needs of both of you and your child at this time. I hope this offers further clarity regarding the issue.
Customer: replied 1 year ago.
Thank you, your answer was helpful. Please cofirm that my question will not be posted on line for others to read.
Expert:  Harris replied 1 year ago.
Please provide a positive rating and I will request for the administrators to remove it from the website.
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