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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10917
Experience:  30 years as a practising solicitor.
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Hi, I signed a DIY Deed of Separation in 2012 after 30 years

Resolved Question:

Hi,
I signed a DIY Deed of Separation in 2012 after 30 years of marriage, the financial content was a reasonable figure. We went to a Mediator at the time.
I have since found out my ex never registered this Deed and I want to revisit the financial side.
Can this be done?
Thanks in advance
Chrissie
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If you both signed the deed, it is valid even if it was never registered in the Books of Council and Session.
That being the case a Minute of Agreement can only be varied if it was not fair and reasonable at the time it was entered in certain cases or where the agreement allows for a variation.
The legislation is contained in the Family Law (Scotland) Act as follows:
16. Agreements on financial provision.
(1) Where the parties to a marriage [ or the partners in a civil partnership ] have entered into
an agreement as to financial provision to be made on divorce [ or on dissolution of the civil
partnership], the court may make an order setting aside or varying
(a) any term of the agreement relating to a periodical allowance where the agreement
expressly provides for the subsequent setting aside or variation by the court of that term;
or
(b) the agreement or any term of it where the agreement was not fair and reasonable at the
time it was entered into.
(2) The court may make an order
(a) under subsection (1)(a) above at any time after granting decree of divorce [ or of
dissolution of the civil partnership] 133 ; and
[ (b) under subsection (1)(b) above, if the agreement does not contain a term relating to
pension sharing, on granting decree of divorce [ or of dissolution of the civil partnership] 133
or within such time as the court may specify on granting decree of divorce [ or of dissolution
of the civil partnership]; or
(c) under subsection (1)(b) above, if the agreement contains a term relating to pension
sharing
(i) where the order sets aside the agreement or sets aside or varies the term relating
to pension sharing, on granting decree of divorce [ or of dissolution of the civil
partnership]; and
(ii) where the order sets aside or varies any other term of the agreement, on granting
decree of divorce [ or of dissolution of the civil partnership] or within such time
thereafter as the court may specify on granting decree of divorce [ or of dissolution
of the civil partnership].
Simply not being registered does not allow for variation although we would have to examine the deed to see what it said before expressing a final opinion.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10917
Experience: 30 years as a practising solicitor.
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