In a recent case the High Court found that a couple had struck a binding deal when their 20 year marriage ended in 2008. Although the ex Wife had since descended into straitened financial circumstances she was not entitled to a second bite at the cherry.
When the couple separated the Wife had received the family home but waved any rights to maintenance. Her ex Husband retained his Armed Forces Pension and had since met all his financial obligations to their three children. He lived with his new partner and baby in New Zealand and earned £66,000.00 per annum. His ex Wife tried to reopen negotiations on the divorce settlement focusing her attention on her ex Husband’s pension, which would be worth up to £600,000.00 in the UK. He responded that their assets had been divided more or less equally at the time of their divorce and he could not be blamed if she had spent her share and needed more. The Court found that the professionally drafted Separation Agreement had been full fair and final. She had received appropriate legal advice before signing it and the consequences had been carefully explained to her.
Her plea that she had signed the deal under pressure was not established.
If you are going through a divorce or need assistance with a separation agreement then it is important that finances are sorted out correctly so to not cause any further complications down the line. For help and advice please contact the finances and divorce team at Ringrose Law at one of our office in Boston, Lincoln, Grantham, Sleaford, Spalding & Newark.