So, having signed a Separation Agreement he downloaded fromsome internet company, I need to know, if I push through the divorce -and go to court -probably self represented, is the separation agreement legally binding ? It was signed under duress, so Im hpping not
Kk, welcome to wikivorce. What stage are you at in your divorce? Has any money changed hands as a result of the agreement?
A separation agreement needs to have been signed after legal advice for it to carry any weight. If it does not comply with the way finances would be settled fairly then even this would not be upheld.
You would still need a consent or court order after Decree Nisi to have a legally binding settlement.
My friend has been looking into a separation agreement, internet download for £5! I persuaded her to speak to a solicitor and the advise she received was;
"It would not be legally binding as it could have been signed when one partner was put under duress".
Hi - thanks - this is helping me clarify my thinking. The separation agreement I signed was useful to get to first base. I add this if it helps your friend. Now, knowing its possibly going to be questioned if we move to a financial order and decree Nisi and all that, is it a good or a bad thing? But at least I know its not necessarily carved in stone.
Really a separation agreement needs to be implemented in the same way a Consent Order is.
So you both give disclosure, then have it written by a solicitor and you both should then take advice before signing it, then you have something that could be used should it become contested in court, anything you see on the net for a fiver would be of no use at all.