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History: Home UK Divorce Forum
Topic:
Agreement when separated but worried (8 Posts)
Started By:
Date:
26 January, 2017 09:40AM
Agreement when separated but worried
Fisherman - 26 January, 2017 09:40AM
Good morning,

I am in need of some advice relating to the finances and my divorce. I am 56 and my ex wife is 52. We were married for 7 years and cohabited for 4 years previous to that. We lived together for the whole 11 years in a house which was owned solely by me ( my name on the deeds and mortgage). My ex wife worked and contributed to the family expenses etc. The house has a mortgage of £100,000 is worth about £350,000 so £250,000 equity.

When we separated 4 years ago, I drew up a paper that stated i would give her £10,000 payment (as she wanted to leave and rent a flat and needed to buy furniture etc), we both signed it and it said on the paper that she wouldn't ask for more money.

I filed for divorce last year and the absolute has been received this month. When i filed the divorce papers, my ex wife contacted me and told me that the paper we signed is not legally enforceable as it wasn't stamped and made an order of the court and also as it was not drawn up a lawyer and neither of us got legal advice, its not worth the paper it is written on. Basically, she is asking for more money or she will make an application to the court.

I am of the opinion that she is talking rubbish as surely if she signed this paper even if not drawn up by a lawyer and stamped by a judge, it clearly sets out that this was intended to be a final payment, but now I'm worried that she is going to be able to make a claim. Please can any advise?

thanks Fisher
Re: Agreement when separated but worried
Andyk - 26 January, 2017 12:53PM
This is a relatively long marriage so who bought what to the table would be pretty much ignored. Unless your wife has care of dependent children then the starting point would pretty much be 50/50 as this was the marital home, regardless of who owned it or paid the mortgage.

This is one of the pitfalls of separating rather than divorcing, finances are formally settled within the context of a divorce and tied up in a consent order to protect you from things like this happening.
Re: Agreement when separated but worried
Fisherman - 26 January, 2017 01:27PM
Hi Andy, We are now divorced, the issue is that she is now saying she is going to make a claim for ancillary relief even though the document was signed and i gave her £10,000 when she moved out. We don't have a signed consent order from the court, so my question is, can she still make a claim given that the divorce is now granted decree absolute and she signed a paper saying she could not claim anymore even though it was not stamped by the court or any legal advice obtained?
Re: Agreement when separated but worried
Andyk - 26 January, 2017 06:08PM
I believe that it depends on who was the petitioner and why boxes were ticked on the forms.
Re: Agreement when separated but worried
Fisherman - 27 January, 2017 11:17AM
Hi Andy,

I was the petitioner , in the divorce. I am unsure what you mean by " Why boxes" ?

I guess then what you are saying is that she may have a case to make a claim and could be entitled to 50% of the equity in the property?

Thanks
Re: Agreement when separated but worried
davidterry - 27 January, 2017 05:31PM
>> When i filed the divorce papers, my ex wife contacted me and told me that the paper we signed is not legally enforceable as it wasn't stamped and made an order of the court and also as it was not drawn up a lawyer and neither of us got legal advice, its not worth the paper it is written on. Basically, she is asking for more money or she will make an application to the court.

I am of the opinion that she is talking rubbish <<

No, she is not talking rubbish. Her rights to claim in respect of the marriage remain intact. It was a mistake to pay any lump sum on the basis of anything other than a formal agreement approved by a court and turned into a court order.
Re: Agreement when separated but worried
Fisherman - 01 February, 2017 10:53AM
Hi David,

Thank you for your reply, the information is very helpful and has confirmed my fears.
Re: Agreement when separated but worried
davidterry - 01 February, 2017 12:35PM
Sorry it was probably not what you wanted to hear.
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