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Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex wife and I negotiated a consent agreement which I signed

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My ex wife and I negotiated a consent agreement which I signed back in November. She did not yet hand it in to the court but the signed copy is with her and her lawyer. I now wish to withdraw from it. her lawyer says that there is precedent on appeal that this is not possible.

What is your assessment of the likelihood that when this is contested in court the court will find in my favour and declare the agreement null and void?

Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the cause of the delay?
What do you wish to change
Customer: replied 4 years ago.

My ex promised to hand it in but didn't despite repeatedly assuring me that she did. She now claims she didnt as she was waiting for some pension info.


I want to revise as I have learned new aspects of her behaviour and want to eliminate those parts that are more generous relative to what she would be legally entitled to.


Also, perhaps relevant, I never obtained legal advice myself whereas she did

What part of it do you believe was too generous
Customer: replied 4 years ago.

Three parts


1- I offered her all my modest pensions instead of 50/50

2- my compensation has two aspects. Regular salary and a loan which is an advance repayable from anticipated future capital gains. I now think that the loan should not be taken into account

3- I offered her a 40% share of those future capital gains, which I don't believe she is legally entitled to

What about the capital division?
Ongoing maintenance?
Customer: replied 4 years ago.

on going maintenance -


25% of my income+loan advance for child maintenance


30% of the remainder for spusal support


capital divided 50/50

How many children?
Customer: replied 4 years ago.

2- 15 and 16 yrs

Overly generous then
Her solicitors are correct - there is case law which can be used to enforce an agreement that has been made and signed
HOWEVER the fact that you had no legal advice before signing makes it highly unlikely that the Courts would in fact exercise this option
I hope that this is of assistance - please ask if you need further details
Clare and other Law Specialists are ready to help you
Customer: replied 4 years ago.

would you happen to be aware of similar cases/jurisprudence where in fact the courts did not exercise this option (i.e. found in my favor)

The case they are referring to is discussed here
I simply do not think that they will be able to make the draft order stand - just the opposite in fact