A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Separation Agreements

  • grant101
  • grant101's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 Jan 08 #10069 by grant101
Topic started by grant101
I feel like disappearing. On intial separation we thought we would eventually get back together. So my sons lives were not disrupted signed Separation Agreement giving her £400,000 paid house, car and 44% of income.
Now divorced she has new partner.
I feel like jacking it all in or moving abroad as thats only way I can stop maintenance.

Can separation agreements ever be overturned if rules had been broken (marital relations up until 1 month before divorce) and this was supposed to have been given up 2 years before.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
06 Jan 08 #10072 by Fiona
Reply from Fiona
Need clarification in which part of the UK you signed the separation agreement and if it was recorded by the courts.

Moving abroad won't stop maintenance. There are reciprocal arrangements for enforcing maintenance with many countries or the arrears just build up while you're away.

  • grant101
  • grant101's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 Jan 08 #10073 by grant101
Reply from grant101
Thanks for reply.

It was signed in scotland and registered in registers of scotland, 68 queen street edinburgh

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
06 Jan 08 #10077 by Fiona
Reply from Fiona
OK. Then the agreement is very difficult to overturn. However, it is possible to apply to court to vary or discharge periodic payments if circumstances change. A loss of job, or retirement, would be common examples of situations where the reduction in the amount payable might be justified. Her having a new partner is a good reason to review payments as he presumably contributes to living expenses..

  • grant101
  • grant101's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 Jan 08 #10078 by grant101
Reply from grant101
Thanks,

I am not too bothered about the mainteance payments as I fully expect to maintain sons. My main grief is we acted as if a reconcilliation was on the cards (brealing the no marital relations condition) and she ended up with the £400,000 house out of my stupidity thinking we would get back together. I told solicitor what to do and he put up little resistance. He also advises little chance of overturning agreement. New partner only stays a certain time as if it exceeded 20 days it would change separation agreement amd lower maintenance.

Thanks for help- might have degree in engineering but a dunce in common sense.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
06 Jan 08 #10079 by Fiona
Reply from Fiona
Snap! I was a chartered engineer until very recently.

  • grant101
  • grant101's Avatar Posted by
  • Junior Member
  • Junior Member
More
06 Jan 08 #10080 by grant101
Reply from grant101
I was someone who would not give up in the marriage until now. 5 weeks ago she still was telling me me not to give up ( divorced a year). Unfortuneately iam totally powerless. She stays in a real small community. Thought of writing a letter to neighbours explaining how over generous and unfair she is. Would only land me in prison cell for slander although truthful. She wants peace in her life but i have difficulty moving on.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11