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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


I stupidly signed a deed of separation while emoti

  • fedupandbroke
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16 May 12 #330904 by fedupandbroke
Topic started by fedupandbroke
Hello, I am new to this and in a bit of a state. I have been separated for two and i half years and in the final stages of divorce,
I left my husband after 19yrs of marriage as i was in a very loveless marriage and may as well have been on my own.
He got me to sign a deed of separation in the early days and stupidly i signed without any legal advice.
I wasnt in a very good place emotionally at the time and accepted a payout from him of half the houses worth.
I agreed not to touch his pension and would take the endowment which he would continue to pay premiums for(£22) month and at the end of the term which is three and a half years off i would receive the payout which only looks like it will be 6 or 7 thousand at the most.
He sent a Consent Order for me to sign and it was only after reading some of his disclosures that i realised that i am being heavily short changed.
I booked a free solicitor to see where i stood and he thinks i may have a good case for more but it is going to be very costly.
My standard of living now is so much lower than before even though i am now with a new partner. Both our wages together are still less than he alone earns.
Am i right to fight for more or should i accept what i originally signed for. I am getting by but with no spare money at all.
I thank you so much for any advice

  • somuch2know2
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16 May 12 #330906 by somuch2know2
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Im sorry you are now unhappy after you made a life choice- but what you are essentially saying is that you dont regret leaving, you just regret not taking more.

You left over 2 years ago, you have a new partner- Are you asking him to contribute so you and your new lover have a better life?- as that is how it reads?

Legally, I dont know where you stand, but as you ask if you are "right" to ask for more- my answer is NO.

  • Fiona
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16 May 12 #330908 by Fiona
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A Separation Agreement isn''t legally binding and will only carry weight in court if there was full disclosure, both parties took legal advice and the agreement is fair ie complies with s25 Matrimonial Causes Act 1973 and other legislation.

There is nothing wrong with trying to renegotiate an agreement if it doesn''t fulfil the criteria above. However, a judgment needs to be made as to what improved settlement might be achieved and at what cost.

  • cookie2
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16 May 12 #330912 by cookie2
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fedupandbroke wrote:

Am i right to fight for more or should i accept what i originally signed for.

It''s impossible to answer that without knowing all the facts and figures.

It sounds like you accepted 50% of the assets originally. Why do you think you should have more than 50%?

  • sexysadie
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16 May 12 #330925 by sexysadie
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I don''t think she did accept 50% of the assets, Cookie. She got 50% of the house and a small endowment but he kept his pension and, it now appears, possibly quite a lot of savings.

Can you confirm that this is the case? We can probably give you a bit more advice if you post more details.

Best wishes,
Sadie

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16 May 12 #330960 by fedupandbroke
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I am not asking him to contribute so i have a better life at all, what im saying is that when i left he quickly paid me a sum of money ans stupidly i accepted. I was in a bad place when i left him, and it was a very hard decision after 19 yrs married. I spent 4 months living in a friends dining room and then 9 months in rented accomodation, i was off work with depression for 3 months. we agreed to a lump sum so that i could have some money to try and start again but all this was rushed and i didnt take any legal advice. I know now this was stupid but at the time i was going into depression and was not thinking straight. I didnt know how much pension he had or what savings he had, He always kept that secret and again, yes me being a trusting person never saw to question anything. when i got married i thought it would be for life and didnt expect to find myself in this position. Its only now when he has a new partner and wants everything finalised have i discovered just what he has. Since i left he has bought a brand new car, had new windows new kitchen new carpets throughout and much more. He holidayed to Australia last year and this year to Cyprus. when i was there nothing was spent on the house and most of the furniture was second hand. I probably wont be able to work for too much longer due to a disability so all i see for the future is that my standard of living will worsen while his has improved greatly since i left. I understand he took a lump of his very large pension to pay most of his mortgage and he is still left with a good pension. I spent most of my married life bringing up children so i dont have any pension at all, i assumed that in our old age i would be ok due to his pension. So i am sorry if you think i am being greedy but i am just trying to get a fair deal.

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16 May 12 #330993 by cookie2
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We need to know all the details and figures.

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