I am looking for some advice, if possible. I separated in July from my husband of 12 years - we both work together (he being the Director); for my own sanity I moved out of the marital home and took our two children to a much smaller home, along with a very small (£50,000 settlement) to help towards the deposit on the new house.
He drew up a Separation Agreement which we both signed, although without a statement of assets and liabilities.
I now want to fully file for divorce, can I re-address the financial situations or would i have to follow those drawn up in the Separation Agreement?
This sounds like a DIY Separation Agreement. If neither of you sought independent legal advice and there was not a full disclosure of assets and liabilities then you would not be bound by your separation agreement and I doubt that a Judge would give it much credence. I would certainly seek to have full financial disclosure and reassessment of what you may be entitled to once you have started the divorce process and filed your petition. Good Luck Aries xx
A written agreement reached after full disclosure of all the relevant information by both parties and after they have taken separate legal advice could be upheld, although private agreements are subject to review. Sometimes, where the court considers that the agreement was unfair for any reason, the court may amend the agreement.
In your case it seems there wasn't a full disclosure of assets and a very low settlement might well be deemed unfair.
"now want to fully file for divorce, can I re-address the financial situations or would i have to follow those drawn up in the Separation Agreement?"
Clearly the Court will look at all the s25 MCA factors -you will not be bound by the agreement unless it is fair
The agreement is not legally binding as there was no disclosure and you did not have legal advice.