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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Earlier this year my wife and I got divorced. I felt at the

Resolved Question:

Earlier this year my wife and I got divorced. I felt at the time pressurised, partly by my own solicitor, and also by a sense of guilt at my part in the events that caused the divorce, to accept, in my view, an insufficient sum in settlement for the family home (which I had built and owned for twenty years before meeting and marryng my wife). I now find myself faced with no realisitic prospect of re-housing myself again with the resources I have. However, her solicitor made an error in the consent order in my favour and excluded a 'clean break' clause such that she cannot make further claim on me, but I may be able to on her. It is porposed that this clause is inserted and I sign it off again as a matter of routine, and her solicitor has made an application to have this amendment made next Tuesday in Neath Court, South Wales. I wonder if you can offer an opinion as to whether it is worth making representation to the court to enable me to pursue a fairer settlement of the financial affairs, or is this process just a formality? NB, There are other paragraphs in the consent order which indicate my acceptance of a 'clean break for life and in death'. Thank you, ***** *****

Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstAt what stage was agreement reached - before a Court applictaion of after it?
Customer: replied 1 year ago.

It was dealt with in court.

Expert:  Clare replied 1 year ago.
OkBut it was an agreement rather than a decision by the Judge?
Customer: replied 1 year ago.

Yes, that's right.

Expert:  Clare replied 1 year ago.
Even if the amendment is not made you could not reopen the settlement - only make a new applictaion if your ex comes into new funds.However I am afraid that in fact it will not be sensible to oppose the applictaion given that it is clear that it WAS part of the agreement and the Judge will have noted this.The case of xhydias woudl be quoted - that where the heads of agreement have been reached then they are bindingI am sorry not to give better news - please ask if you need further details
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