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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 7042
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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My husband and I have been separated for 3 years. I have a

Customer Question

My husband and I have been separated for 3 years. I have a sizable pension and we jointly own a house. We have agreed to split the equity in the house 50/50 and I have agreed to give him a joint sum for the pension in exchange for him to agree not to apply for a financial order on the divorce papers. If we agree this in writng beween ourselves, and get it witnessed, is this a legally binding document, or can he later come back after the divorce to claim rights on my pension.
Submitted: 5 years ago.
Category: Family Law
Expert:  michael holly replied 5 years ago.

I am going to assume that there are no minor children involved since you do not mention any.

These agreements are pretty robust because should he apply for any further provision the court will take into account that he is an adult and entered into the agreement (contract) freely. It is not possible to exclude the ability of the court to consider the position but they will only interfere with such an agreement in certain circumstances. Those circumstances are where one of the parties misled the other and has assets they did not disclose at the time the agreement was reached.The other situation is where something happens that may be beyond the control of both parties to radically change the position such as he loses his ability to work and you win the pools.As such you are pretty safe.

I hope this helps. If there are any further points please reply

Best wishes

Yours sincerely