Financial settlement overruled by court?

(7 Posts)
GinismyTonic Fri 18-Mar-16 23:51:49

My ex has made an offer that I am happy with. My solicitor has advised that it may be a judge will overrule it if it is felt too low. He suggests my ex may have had bad advice. We are proceeding on the grounds of this offer which obviously benefits me but I just wondered if anyone had heard of judges doing this.
I am resident parent to a primary aged child and the ex main concern is getting out of the mortgage of which there is no hope if I take a lower offer.
Many thanks

Whinfell10 Sat 19-Mar-16 07:06:11

All I know is before my solicitor makes my ex an offer we are both going to do form e full financial disclosure because she said without that you can risk legal challenge later. I think if there has been full disclosures and you sign a full and final settlement it can't be changed later. Also I guess it depends if you are taking assets now and giving up some maintenance that is fair.
Is he being represented by a solicitor or himself?

TheSilveryPussycat Sat 19-Mar-16 14:42:53

My Ex self-repped and agreed out of court to a settlement which deferred some payment to him. The Judge rightly refused to grant it until Ex had assured him he had taken sol's advice (it was probably unenforceable, but don't know for sure). Ex confirmed in a letter to the court that he had seen sol (though he might have meant the 30min free initial interview he'd had nearly a year ago), and judge then granted it. (I did pay the deferred amount btw, 3 years later)

TheSilveryPussycat Sat 19-Mar-16 14:44:22

* ie the settlement and its terms might well have been unenforceable by my Ex, had I not complied further down the line

GinismyTonic Sat 19-Mar-16 16:50:01

That's interesting.. My sol feels that there is a 70/80 % chance the judge will deem his share too low

TheSilveryPussycat Sat 19-Mar-16 18:55:40

Just to make it clear, I had had to go to court as he wouldn't do financial disclosure to my sol otherwise. (As is common, sol had sent him (and me) a form E to fill in, just to get the info, in the initial stages of the divorce.) So at point of settlement ooc we had exchanged Form E's, answered Questionnaires, and had Marital Home Valuation.

GinismyTonic Sun 20-Mar-16 07:31:53

I think we've both done that already. This is the hearing for the absolut

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