How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My ex wife and I negotiated a consent agreement which I signed

Customer Question

My ex wife and I negotiated a consent agreement which I signed back in November. She did not yet hand it in to the court but the signed copy is with her and her lawyer. I now wish to withdraw from it. her lawyer says that there is precedent on appeal that this is not possible.

What is your assessment of the likelihood that when this is contested in court the court will find in my favour and declare the agreement null and void?

Is
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the cause of the delay?
What do you wish to change
Clare
Customer: replied 3 years ago.

My ex promised to hand it in but didn't despite repeatedly assuring me that she did. She now claims she didnt as she was waiting for some pension info.


 


I want to revise as I have learned new aspects of her behaviour and want to eliminate those parts that are more generous relative to what she would be legally entitled to.


 


Also, perhaps relevant, I never obtained legal advice myself whereas she did

Expert:  Clare replied 3 years ago.
Hi
What part of it do you believe was too generous
Clare
Customer: replied 3 years ago.

Three parts


 


1- I offered her all my modest pensions instead of 50/50


2- my compensation has two aspects. Regular salary and a loan which is an advance repayable from anticipated future capital gains. I now think that the loan should not be taken into account


3- I offered her a 40% share of those future capital gains, which I don't believe she is legally entitled to

Expert:  Clare replied 3 years ago.
Hi
What about the capital division?
Ongoing maintenance?
Clare
Customer: replied 3 years ago.

on going maintenance -


 


25% of my income+loan advance for child maintenance


 


30% of the remainder for spusal support


 


capital divided 50/50

Expert:  Clare replied 3 years ago.
Hi
How many children?
Clare
Customer: replied 3 years ago.

2- 15 and 16 yrs

Expert:  Clare replied 3 years ago.
Hi
Overly generous then
Her solicitors are correct - there is case law which can be used to enforce an agreement that has been made and signed
HOWEVER the fact that you had no legal advice before signing makes it highly unlikely that the Courts would in fact exercise this option
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

would you happen to be aware of similar cases/jurisprudence where in fact the courts did not exercise this option (i.e. found in my favor)

Expert:  Clare replied 3 years ago.
Hi
The case they are referring to is discussed here
http://www.lawgazette.co.uk/37248.article
I simply do not think that they will be able to make the draft order stand - just the opposite in fact
clare