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The normal financial arangements were satisfied during the divorce.
The divorce happened in Oct 11.
I remarried in March 12. She remarried in Mar 13.No formal legal or court arrangements were involved in the recent variation to the original agreement other than the typical land registry documents, and the letter stating my acceptance of the £55K in full and final settlement. This was signed by both of us.My question is intended to clarify for me if there is any way I can now take action to recover the remaining 1.3rd of the equity (£65-£80k).
Am I right in thinking that this would typically have been part of the divorce process? (we used Divorce-Online).
No. No court order. The financial agreement at that time was amicable, and no court order was necessary.
OK. Not great.A further issue aspect and something I hoped not to have to mention - There is a 6 yr old. He was born while we were still married, and my name is on his brith certificate. However, I now seriously doubt that he is mine. I am looking at getting a home DNA test done. I would imagine that this would change matters?
And if I do have that order declared, would I have a case to attempt to reclaim the maintainence I have paid so far?
An do I need her permission to undertake a home DNA test?
I spoke to the company who managed my divorce regarding the financial order. Apparently it was never filed due to non payment of fee by me. I believed it had been paid, but the sum was applied to the Dec. Absolute fee instead and the Order fee was left outstanding.They have advised me that as such, the financial arrangements of the divorce were never finalised.
They have also mentioned that I could potentially stiil apply for ancilliary relief.
OK, Last question. Thank you for your help. I am very pleased with your service (even if I don't "like" the answer). I have left the best possible feedback.The property was legally in joint names until the recent "deal" at which point I signed it over in full to her and received £55k (For presumablly what would have now been considered a 50% share, and worth approx £200k).
I accepted this sum solely based upon false (unverified) information regarding affordability.Is it possible that this transaction can this be considered under contract law, irrespective of ancillary relief/remarriage issues.Could the contract be challenged based upon her deception regarding affordability.
Last question on this matter. Since no financial agreement ever came into effect, where does this leave our recent agreement?Without the order in place, I would have been a joint owner of the property (not 1.3rd as per the order). So, I have effectively sold a 50% share (circa) £200k, for £55k. I accepted this price solely on the basis that I was told it was not possible to pay more based upon affordability (She claimed could not lend more via mortgage, and could not afford any higher monthly payments).I would not have contracted for that price without the deception. Is there any basis under which I can now seek to void the contract?
I have just been told that although the original order was not put into effect, since a prayer for ancillary relief was made in the original divorce documentation, remarriage does not restrict me and that I am able still able to seek an equitable financial arrangement.This appears to differ from your replies. Your thoughts?