Formalising a long standing financial agreement years after divorce

[sleeplessbunny]

I'd really like some advice for my parents please. They got divorced a few years ago, after 5 years separation. They had come to an agreement regarding finances at the time of separation that both were happy with, so when they went to the court to get the divorce papers I don't think the finances really even crossed their minds. Foolishly, neither had solicitors when they did this, they thought it would be a waste of money since they were in agreement and just wanted to be divorced.

My dad now wants to get married and has realised that without a financial order to go with the divorce, he and my mum can effectively still make claims against each other. Mum and dad now both realise that they need to get a financial consent order agreed by a judge to properly draw a line under the whole thing.

The trouble is, the agreement was made a long time ago, and both have since made substantial changes to their financial positions. If they were to present their current financial situations to the court, the old agreement would now look very unfair. Both of them (including the one who is worse off) just want the old agreement to stand but they are both worried a judge might not agree to it.

Is there anything they can do to make sure the court ratifies their old agreement? My mum in particular is stressed to see the whole thing rear its ugly head again and they both just want it signed and sealed asap without any trouble.

I should probably also mention that they are both very well off despite the current imbalance. Neither will have any trouble affording their lifestyles.

[RedHelenB]

A judge may call them in but all they have to say is that they are aware of what they are doing & he'll sign it off. If you want to, one party can get everything & the other nothing if they both agree it!

[familylawyerlouise]

They will need a solicitor to draw up a clean break consent order dismissing their respective financial claims against each other. The consent order has to be accompanied by another form setting out details of their financial positions now. there is a section on the form for any other information and it's probably a good idea to put a rough outline of their financial positions at the time of the divorce into that section. As RedHelenB says it may be that the judge will want them to attend court for a quick hearing but that shouldn't stop the clean break being approved.