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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35042
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am divorced (Australian law) and have concluded with my ex-wife

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I am divorced (Australian law) and have concluded with my ex-wife that our privately arranged financial settlement was insufficient. I have offered to pay her £30,000 as a final financial settlement. She has agreed in principal. What do I need to do to have this finalised and legal as a final settlement in the UK, where we are both permanent residents.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did your divorce happen?
Customer: replied 2 years ago.

Hi Clare

By Australian Family Court Order on 1 Dec 13. I just want to pay her the sum agreed after reconsideration, but for that to be the final binding settlement.


Was any Order made or approved by the Australian Court?
Customer: replied 2 years ago.

No, we had a mutual agreement that I have reviewed and I wish to pay a further £30,000. My ex wife has agreed and I want to make the payment and have it recognised legally as a final settlement.

May I ask why you feel you need to have this in writing?
Customer: replied 2 years ago.

Because I'd like it not to re-occur. People have short memories...

Do either of you intend to return to Australia?
Customer: replied 2 years ago.

Not at this stage. Both long term UK permanent residents with indefinite leave to enter.

The problem is that there is no basis on which any Order can be made by a Court here in the UK - there is no basis for one as the Divorce was dealt with in Australia
Whilst there is provision that allows for a court application can be made in the UK courts for financial provision following a foreign divorce but that would not be appropriate and would not cover a Consent Application.
Accordingly the only option is to have a written agreement signed by you both confirming that this is meant to be a full and final agreement
Please ask if you need further details
Clare and other Family Law Specialists are ready to help you