This site is an archive of the OneSpace Forums. Return to forum index.
This site is an archive of the OneSpace Forums. Return to forum index.
After I left xh 3 1/2 years ago, we agreed to make the separation/divorce as painless (read cheap) as poss. I agreed to DIY divorce him on the grounds of 2 years separation (we have been divorced 1 year), and we went to mediation to discuss how to divide our assets, because this was encouraged by my solicitor. The notes from mediation were drawn up into a Separation Agreement by my solicitor which was then signed by us both. XH did not have a solicitor despite being advised to, because he didn't want to pay for one.
XH now says that he won't be able to honour the agreement. He says that information that he disclosed was not correct and that he will not be able to buy me out of the FMH (which he lives in) in 2 years as agreed.
I have been looking into this and by what I can gather, separation agreements are very difficult to enforce, and can be re-negotiated. I am wondering why I wasn't told this before, and what was the point of making the agreement.
If I were to get more qualified in the next couple of years, earn more money, and live with (marry?) my current partner, could it be that I could end up with considerably less than I thought I would get 3 years ago? I don't expect to get better qualified and earn lots of money, and I don't want to be financially dependant on a partner ever again, but I suspect that this is what XH is hoping for.
Hi Louise,
We did not have a financial hearing because we agreed a financial settlement out of court during mediation.
Hello Rosedragon
Hope you had a good Christmas. I am surprised that your solicitor did not suggest having the agreement ratified by the court but that's only because you achieved what most people do not: an agreement!
Do email our Legal Expert, as suggested, about your Separation Agreement though.
Hi Louise, The site will not not let me email the legal expert. I get a message telling me that I have already submitted. I did a while ago about something else, but it was never answered. That doesn't matter because I sorted the problem without an answer. But I can't email any more.
Oh dear, that is a bit weird. They are not back till 3rd Jan anyway, I will leave a message for Anna so she can sort it out when she is back on 3rd as well 
Hi Rosedragon
We have had a look into the Expert service and the problem you were having, the form says that you have already submitted something, but you can still submit another query. You just need to fill out the form again.
I am concerned that you said that you have already sent one question to the legal expert but did not get a response, I will look into this and get back to you.
I don't know for sure, but have a feeling that unless agreements like that are taken to court( so like a court order), they can be changed, or are not legally binding as such, but I do think that as part of the Divorce process if you decide to do that at a later date..the court likes to see/ or you have to go to mediation as part of the process...
Hi Rosedragon
I do not know how enforceable Separation Agreements are. That is something you would need legal advice about. You can email our Legal Expert but they will not be able to reply until after they return to work on January 3rd. Did you not have a Financial Hearing as part of your divorce? (even if this was to rubber-stamp your agreement?)