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Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-Was the settlement approved by the court in a court order?
-Have you remarried?
-How old are the children?
Thank you for confirming. In order to have a financial settlement approved by a court you do not necessarily require a solicitor and if it is agreed without court proceedings, then there are no court hearings to attend as the court will have considered the settlement based on the paperwork. Did you received any court orders regarding the settlement?
Can you attach the paperwork that you have?
Have you tried the paperclip button?
There is no time limit. Let me consider the documents and get back to you
Thanks for the documents. Are there any court documents as these are only letters from his solicitors?
Thanks. If no court order was made to approve the financial settlement and you have not remarried, you would still be entitled to pursue an application to court for financial relief.
Initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).If mediation does not progress you should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Legally, no the only way to end any potential claims against each other is remarriage of the potential applicant, a court order approving a settlement or the death of the potential application.
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