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