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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33825
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My question is as follows. My ex wife and I recently had

Customer Question

Hi, my question is as follows.My ex wife and I recently had reached an out of court financial settlement which is at the root of my question.She has been very shady about her finances and did not disclose any information to me, which has me questioning the agreement that I have attached for your perusal.
(on the second page which is not attached are my, the ex’s and two witnesses signatures)From what you can see here,what are my options for getting out of this? The fact that the agreement states that she lent me money - which she didn’t - would be a strong enough case to void the agreement from the get go?I’m drowning in lawyers bills from the divorce etc and this is a tremendous blow to my finances (if I am ultimately held liable for this payment)Many thanks in advance for your help.Best wishes,
JC
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall dd my best to help you but I need some further information first.

May I ask why you signed this?

Customer: replied 9 months ago.
Hi Clare, I know how crazy it seems that I signed this but we have been back and forward in court about finances for three years now and the consequences of going to court again were also looking very costly. It wasnt until after I signed it that I realised later- also in that she still refuses to share financial information with me - and the court - that I suspect her finances are far better than she was letting on.
Expert:  Clare replied 9 months ago.

Ok

What did you think this document would achieve - and please do not worry all is not lost!

Customer: replied 9 months ago.
Well, first this document meant some (temporary?) peace of mind. I figured that I would try to pay it, this would be the last gesture I would have to make to her - even if undeserved and not needed by her- and that would be that. It meant not having to go through yet another unpleasant day in court, more expenses, more grief. I am also in a new relationship - am engaged - and the stress of this matter was very stressful for my partner as well. And I guess in the back of my mind I figured that I could at least try and find a loophole. The document felt so bogus from the get-go anyway? Something told me not to worry- and by the way thanks for your encouragement in this vein, it's why I chose to reach out to you in the first place. She has received at least over £40k since we separated, we have no children; no assets to split. Enough has to be enough at some point.
Expert:  Clare replied 9 months ago.

OK

Have you exchanged Forms E?

What assets and debts are there?

How long were you living together in total

Customer: replied 9 months ago.
The last time we exchanged Form E was for the last FDR in February 2015.It should be noted that I filed a consent order to vacate / cancel the final hearing that was due to take place on May 26th 2016. As you know, part of that application involves both parties submitting a D81 form- I submitted mine, she did not and still refuses to. The next hearing is the mention hearing on June 30th but I am quite resolved not to let her get away with it.There are no assets to divide, and any debts are my legal costs - approx. £5,300We were a couple for 13 years, married for 10 of those years.
Expert:  Clare replied 9 months ago.

What income do you each have, what has happened to the matrimonial home - and can you confirm that neither of you have any assets in joint or sole name?

Customer: replied 9 months ago.
Hi Clare and apologies for my late reply, been somewhat poorly these past few days!Her present day income is unclear as she has refused to share this with me - or the court - to date.She was making a net salary of £1850/month at the time of the FDR hearing in February 2015.At present time I am making a gross salary of £6100/month.We sold the matrimonial home in 2010 and split the profit 50/50.We have no joint assets, and I certainly don't at this present time, but she has an apartment in Stockholm that she is renting out and from which she can generate income, at the last FDR hearing in February 2015 she had over £30,000 in savings, and gold stock worth £15,000.Together with this promissory note I am now in debt by £40,000+.Is there anything else you need to know? :)Thanks / JC
Expert:  Clare replied 9 months ago.

At the FDR what guidance did the Judge give?

Customer: replied 9 months ago.
Sorry but can you be more specific? Do you mean what she ordered?
Expert:  Clare replied 9 months ago.

At the FDR the Judge is meant to give an indication as to what the settlement might be

Customer: replied 9 months ago.
She said that a lump sum payment of £36,000 would be worth a clean break.
But at the time of the FDR my income was significantly higher than it is now.
Expert:  Clare replied 9 months ago.

How much were you earning then and now

Customer: replied 9 months ago.
I was making £9850/month gross and up until last month I was making £5100/month gross- I just found another assignment this month that pays an extra £1000 so I'll be making £6100/month gross now.
Expert:  Clare replied 9 months ago.

Does she have a new partner?

Customer: replied 9 months ago.
Not that I know of but as shrewd as she is she wouldn't tell me and she would keep it very secret indeed.
Expert:  Clare replied 9 months ago.

When is the final hearing set for

Customer: replied 9 months ago.
The final notice hearing is set for June 30th (see attached document)She refuses to send in her D81 (I have sent everything in including that) and hence the hearing cannot be vacated.I am not interested in being a tattle tale but I also resent having to go to court when I shouldn't have to - but more importantly, it all indicates that she is hiding something quite substantial?I don't know what she is planning to do on the 30th but I'm assuming the court won't let it slide?
Expert:  Clare replied 9 months ago.

Can you send a copy of the Consent Order that has been sent to the court

Customer: replied 9 months ago.
Sure, here it is. See attached.
Expert:  Clare replied 9 months ago.

So in fact this is about getting rid of existing arrears?

Customer: replied 9 months ago.
In one sense yes. In another, no, as I see it.
The financial order that was made February 6th 2015 was issued when I had better finances. These finances took a hit down to the level I described earlier in October 2015. I then applied for a variation of that court order in December 2015. We were due to have the hearing about the variation of maintenance on May 26th, which is when my ex started to get dodgy about disclosing her finances and we decided to
settle things this way. There is no way of knowing 100% how the judge would have settled this and given my ex's very determined refusal to disclose her finances I smell a very big rat and I'm guessing the judge would too?
Expert:  Clare replied 9 months ago.

What further disclosure was ordered at the FDR?

Customer: replied 9 months ago.
Nothing out of the ordinary - the usual payslips, bank statements, form E, etc....
Expert:  Clare replied 9 months ago.

The Order will not be signed off unless the D81 is forthcoming.

If it is not put in then the final hearing will go ahead and the agreement will not stand.

If the D81 is produced then I am afraid that you will have to stand by the Consent order

Customer: replied 9 months ago.
OK - so there's no way to get out of the Promissory note/agreement? No loopholes whatsoever?
Expert:  Clare replied 9 months ago.

It is not the Promissory Note that is the problem - it is the fact that you agreed to the Order that created it.

Clare, Solicitor
Category: Law
Satisfied Customers: 33825
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 9 months ago.
OK - in what way? And is there any way around the Order?
Can we discuss this by phone instead as I feel that I need more clarification - whether I have a chance of either avoiding or greatly reducing what is "owed"?
Thank you!
Customer: replied 9 months ago.
Hi again Clare - it is very important indeed to me that I get some further help with this as I called the family court today to ask if my ex had sent her D81, etc but they have not received anything. The mention hearing is on Thursday and I'm assuming that my ex is expecting to come to the mention hearing and get away with murder... or expect me to agree to the consent order and try to get the consent order stamped and validated without her having to submit her financial details.If that does happen, then I still wonder what to do? Is there then any way around the Order?
Do I have a chance of either avoiding or greatly reducing what is "owed" by the promissory note?Thank you!
JC
Expert:  Clare replied 9 months ago.

My apologies for the delay

I am sorry - there is no away around this UNLESS she fails to give the information OR her real financial position is very different to what she has previously said

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