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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner got a divorce about 3 years ago. She was rushed,

Resolved Question:

My partner got a divorce about 3 years ago. She was rushed, bullied into a settlement she would not do now, if she could put the clock back. The husband got everything. He did not give a financial statement for the divorce settlement, stating the value of the jointly held assets. He was fairly wealthy, but she thinks he concealed his wealth. In an nutshell she consented to him having all the business and investment assets that were jointly owned in return for him housing her and their two children. He has 20 years to buy her a house. In the meantime she lives in a house that he owns. She lives there with the children. There was some farmland that she thought was in the divorce settlement, but it was not. In his haste to get a settlement, he forgot to include it. It is jointly owned. It is now within the planning boundary for the local town. He wants her to sign it over to him as if it was in the original divorce settlement. But my partner wants her half of the land. What are her chances of success if this is brought to court by the ex husband, saying it should have been in the original settlement. He states he forgot to put it in.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Did your partner have legal advice at the time of the divorce?
Clare
Customer: replied 1 year ago.

Hi Clare, yes she had legal advice at the time. But my partner was under severe stress at the time. She did not say that to her solicitor. Her solicitor wanted to get her more but my partner sign whatever her ex husband sent. She got a barrister opinion about a year ago concerning the consent order she signed. He said it was valid as they both had independent legal advice.

Expert:  Clare replied 1 year ago.
Hi
The land that was "forgotten" - was it mentioned in the negotiations at all?
Clare
Customer: replied 1 year ago.

They both had legal advice. That land was not mentioned specifically. But my partner thought it was included in the settlement. But it turns out it was not.

Expert:  Clare replied 1 year ago.
Interesting point then.How much is it worth?
Customer: replied 1 year ago.

There is an option from a developer for £7million, as farmland 450k

Expert:  Clare replied 1 year ago.
What was the declared value of the assets at the time of the Order being made?
Customer: replied 1 year ago.

He did not declare any values at the time. Any values he gave were very low on the other assets. He never submitted valuations or a financial statement at the time

Expert:  Clare replied 1 year ago.
Hi
He must have submitted something there is a standard form which has to be submitted with a Consent Order - it would be helpful if you could find a copy - but not essential.
Is the land connected to any other asset - by which I mean on the face of it is it included in another asset although the actual paperwork is different
Clare
Customer: replied 1 year ago.

Hi Clare

It is investment land. They bought a 40 acre site in about 2004. The relevant land was bought 2 years later. They are adjacent to each other. They have different title deeds. The first bit of land was in the order, the other was not. My partner thinks they also had different loans agreements. My partner thinks he did not supply any information for the divorce. He just came up with the consent order, which my partner agreed to. In retrospect very unwisely. He definitely did not provide any valuations, other than his own estimates which were very low.

Expert:  Clare replied 1 year ago.
Hi
Sorry to be "picky" but was the land described in the Order as "Investment Land" or was the Title number quoted?
Clare
Customer: replied 1 year ago.

It was known as Cres Park Farm (fictitious name) with a title number quoted in the consent.

Expert:  Clare replied 1 year ago.
Hi
And would that name have been used to describe the other part as well?
Clare
Customer: replied 1 year ago.

Yes, it probably would have been even though they were bought separately.

Customer: replied 1 year ago.

Yes.

What my partner would like to do is either get her half of this or reopen the divorce settlement. The other part of the land would have some uplift value also as planning would be likely there also in the future.

Expert:  Clare replied 1 year ago.
Hi
The settlement cannot be reopened - your partner has already been told this and sadly she is stuck with the decision she made.
However this may work to her advantage with regard to this piece of land since her ex is also "stuck" with the Order
He will have to show that the land was included within the "Cres Park Farm" description
- likely to be difficult given the lack of information he shared to start with.
Certainly there is room for negotiation on this - and this could be a way retrieving the situation at least to some small degree.
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much