financial agreement - we are in agreement, can a judge overrule?

[IsThisLifeNow]

So my solicitor has suggested that a judge will ensure we both have enough money from the estate to set up new properties. ExH and I have agreed on how to split things, but could that get over ruled in court?

We were married nearly 8 years, together for almost 11 and each owned our own property prior to marriage. We sold both of those properties and bought our current house 3 years ago. I brought a much bigger deposit to the table, like 70% compared to his 30%. ExH and I are in agreement that we should each get that amount back, and then what is left from the house be split 50/50 after the mortgage is paid off, and any fees are paid. What he gets will be enough to buy another property, and in fact he is the higher earner and has better earning potential than me so can get a bigger mortgage.

Other things that will come into the agreement are the cars, pensions and a personal loan. We have agreed on amounts for all those too, no big amounts really.

Obviously I have a solicitor drawing everything up, but I was just wondering if anyone had experiences they'd be willing to share? thanks

A judge can rightly question the validity of the agreement. He or she will want assurance that each party has access to expert and independent advice, no one has been coerced into the agreement and all relevant information has been disclosed and shared.

Obviously they want to ensure fairness but they also want to avoid the risk challenge further down the line to their decision if the right process have not been followed.

So for example your ex could maybe have insisted all the equity is split 50:50. In fact that would be what he is probably entitled to. If he decided to forgo this entitlement the judge will want assurance he took advice and wasn’t being pressured into accepting your proposal.

thanks for your reply. No pressure being put on and ExH has a solicitor, so I'll guess I'll just need to wait and see what comes about after the agreement is written up and sent over.

I am older and have been a home owner longer, that's the reason I have the bigger deposit