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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

once decree nisi in place, can agreed financial settlement be changed?

6 replies

arlagirl · 27/02/2015 09:20

Just that really.

OP posts:
Lonecatwithkitten · 27/02/2015 13:23

Has the financial settlement been agreed by the court?
If not then it can be changed.

ClaireRalph · 27/02/2015 14:10

I thought that a financial settlement wasn't written up until decree nisi had been granted. I.e. order was:
get decree nisi
financial disclosures on both sides
get financial agreement written down & signed by both parties
submit with application for decree absolute.

Confused?

Cabrinha · 27/02/2015 18:15

What do you mean by agreed financial settlement? Do you just mean things you have verbally agreed so far? Even solicitor letters? Or have you actually submitted a consent order to the court? It's very unusual to have a consent order set aside. You need a very good reason - for example if your XH deliberately lied and hid assets.

babybarrister · 28/02/2015 20:12

This reply has been deleted

Message withdrawn at poster's request.

ivykaty44 · 02/03/2015 11:11

Have you signed the consent order?

STIDW · 02/03/2015 16:23

There is no substitute for professional legal advice about the particular circumstances.

See babybarrister's post above and google Xhydias v Xhydias. IT doesn't matter whether the decree nisi has been granted or a consent has been signed/approved by the court. If there was full disclosure, both parties had the opportunity to take legal advice and the agreement is "fair" (complies with the law) it carries considerable weight. Even though a separation agreement isn't legal binding or enforceable a court can make a legally binding and enforceable court order in the same terms of the agreement so it may not be changed.

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