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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good Morning.I have a financial separation agreement in

Customer Question

Good Morning. I have a financial separation agreement in place with my estranged wife. The agreement was signed at a time when I was in an unstable state of mind the agreement is heavily weighted on my wife side approx 80-20% the assets are worth some £800,000. Can I apply the a court to have the agreement reassessed, i did have legal advise at the time but chose to ignore the advice?

 

There are NO children of the marraige and full disclosure of pendions was not made at the time of the aggrement

Kind Regards

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
When was the Consent Order made and what medical evidence do you have of your mental instability at that time?
Claire
Customer: replied 3 years ago.

the order was signed in September 2012, I have a report from my councillor and I was under the doctor for depression in April 2012 but not at the time of the agreement.

Expert:  Clare replied 3 years ago.
Hi Carl
My apologies - this is a Separation Agreement I assume
Have Divorce Proceedings been issued now?
What did you solicitor say would have been a fair settlement?
Claire
Customer: replied 3 years ago.

Hi Claire


 


Yes I have now received a divorce petition which I have yet to return.


 


My solicitor did not make a settlement recommendation as such.


 


I am concerned that if I return the petition I will my association be finalising the agreement. My Ex wife's solicitor has asked me to agree to a clean break consent order.

Expert:  Clare replied 3 years ago.
Hi
How long had you lived together and are there any children involved
What was the basis of this unequal division?
Claire
Customer: replied 3 years ago.

We had been together for 18 years and married for 13 years no children are involved


 


The basis of the division was set by her and based on my overwhelming guilt for leaving her This was compounded by many texts of strong emotional blackmail


 


The agreement was raise by her and submitted to me.


 


Claire I note from the time line we are communicating on EST are you UK based?

Expert:  Clare replied 3 years ago.
Hi
The site is US based - hence the odd timing - but I am a solicitor in the East Midlands!
Were any of the assets inherited?
What capital did you each bring to the relationship?
Claire
Customer: replied 3 years ago.

Hi Claire


 


None of the assets were inherited


I would estimate that the capital was on a 50 / 50 basis I did draft a letter to my ex wife maybe a copy could help you to asses the situation a little better?

Expert:  Clare replied 3 years ago.
Hi
How are the assets actually divided by the agreement?
Claire
Customer: replied 3 years ago.

Hi Claire



I got £50,000 and a boat worth £50,000 approx



out of this money I had to pay £30,000 credit cards inured during the marriage and the boat costs circa £750 per month in mooring fees


 


She got the house £650,000 (currently on the market) mortgage of £300,000


 


Contents of the House approx value £50,000


 


2011 Range Rover


2007 Mercedes


 


Kept all her pensions value not known (this was not disclosed on the agreement)


 


all family animals


 


Her earnings at the time of separation were £150,000 per year plus bonus and my career was suspended in order to revovate the property


 


thanks


 


 


 

Expert:  Clare replied 3 years ago.
Hi Carl
What legal advice did you actually take?
Claire
Customer: replied 3 years ago.

Hi Claire


 


I had legal advice on the whole agreement and in fairness I was advised not to agree to the content. As I said earlier the emotional Blackmail texts from my ex wife instilled huge guilt that coupled with the guilt from leaving her put me in an emotionally bad place and I took no notice. It was not until i undertook counselling i realised the errors in my judgement.


 


 

Expert:  Clare replied 3 years ago.
Hi
Was the advice given in writing - and was it expressed as a Post Nuptial Agreement - or a Separation agreement?
Claire
Customer: replied 3 years ago.

Hi Claire


 


I am sorry to say that yes my advise was given in writing and the document is a separation agreement. If it helps I have since found the following information the may or may not constitute a breach on my wife's side


 


The Agreement states:-


That Full financial disclosure has been made - it hasn't


Divorce would be applied for after a period of two years - The petition was served after 17 months.


 


I know the second point is very trivial but I am clutching at any straw possible


 


I must stress at this point I am seriously impressed at your commitment and dedication to this issue... A very big Thank you

Attachments are only available to registered users.

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Expert:  Clare replied 3 years ago.
Hi
A Separation Agreement is not necessarily binding - the Court does not have to accept it if the Judge does not beleive that the division is fair.
In your case the fact that there was no disclosure of Pensions coupled with the fact that on the face of it this is not a fair division of the assets makes it at least possible that your ex will not be able to force the agreement through.
You can acknowledge the Petition without worry - this does not commit you to the Separation Agreement at all.
You should however inform her solicitors that you will not agree to a Consent Order in view of her failure to disclose the Pensions and the unfair distribution of the assets.
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

Claire


 


Thank you so very much for your help and assistance on this matter, i feel enthused that just maybe justice may be served.


 


Kind Regards



Carl

Expert:  Clare replied 3 years ago.
Hi Carl
You are most welcome - I hope all goes well - but remember it is a chance not a certainty!
Claire

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