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Urgent question before paperwork goes in

4 replies

CoffeeAndWifi · 16/09/2018 18:43

Sorry, me again! Last question as I’m filing Form E at court tomorrow.

XH and I signed a contract at the time we divorced but I’m hoping they’ll disregard it as it was made before seeking legal advice plus he breached it anyway.

I have referenced it in the pre-nup section and given my reasons it should be set aside. However, there’s a good chance XH has lost his copy so I have three options:

  1. don’t mention it and hope he doesn’t have a copy (but if he does I won’t have given my reasons to set aside)

  2. mention it but don’t attach a copy and hope XH can’t find his (I know he will be relying on it)

  3. mention it and attach it

I’ve received advice that it will likely be set aside but I’m still worried that they’ll uphold it as full and final settlement.

Any advice on what to do please?

OP posts:
Collaborate · 16/09/2018 19:02

If you do t want to follow it I wouldn’t mention it. Only orders get set aside, not agreements.

CoffeeAndWifi · 16/09/2018 19:06

Thanks so much @Collaborate - you’ve been a massive help! I’m a bit rubbish with the terminology Grin

If he does manage to produce it, will I get a chance to explain why I think he shouldn’t be able to rely on it?

OP posts:
Collaborate · 16/09/2018 19:09

Yes

CoffeeAndWifi · 16/09/2018 19:29

Brilliant - I’m relieved to hear that! Thanks again StarFlowers

OP posts:
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