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Can a financial settlement be re-opened due to misrepresentation of debt?

2 replies

22May2024 · Yesterday 09:19

I have a relative who has gone through a prolonged mediation process with her ex-husband to split assets. She was a victim of coercive control, and her ex-husband was dishonest—he ran up debts and lied about their extent, effectively keeping the family in a state of poverty while he maintained a separate, more comfortable lifestyle (for example, spending on meals out and regular coffees).

At the same time, he would deny his wife even small amounts of money—for instance, refusing to provide money for their daughter’s school lunches on the basis that he had none.

Following this, they went through mediation. During that process, he appears to have manipulated the mediators and secured an outcome where she received less than she was entitled to. He also refused to provide any financial support for the children once they turned 18.

Both children are now over 18 and still living with her—one is at university and the other has just finished school and is preparing for the next stage of life—so she is fully responsible for their financial support.

A few months ago, he contacted her to say he could no longer contribute to the mortgage on the jointly owned house (which is split 50/50). He claimed he was going into debt each month and could not afford to pay while they waited for the property to be sold. Based on his history, this seemed plausible, so she took on a larger share of the repayments.

However, during the remortgaging process, she gained visibility of his credit records (which he is unaware of) and discovered that he does not, in fact, have significant debt. It appears he misled her in order to reduce his contributions. She has calculated that she is now covering approximately 67% of the housing costs, while he contributes nothing—not to the mortgage, upkeep, maintenance, or support of the children.

Additionally, he has reduced his own debt from around £10,000 to approximately £2,000.

Given that they have already completed mediation and reached a financial agreement, she is unsure what options remain. However, she believes the agreement was based on false information, as he misrepresented his financial position during mediation and afterwards.

She is currently accumulating debt of around £400 per month, struggling to meet her financial obligations, and this situation is having a severe impact on her wellbeing. There are growing concerns about her mental health.

Is there any way for her to revisit the agreement or pursue legal action, given that it appears he provided false information and manipulated the process?

OP posts:
Passaggressfedup · Yesterday 10:32

What step did they take after mediation? If they've got a consent order and it's been submitted to the court with the financial statement drawn in mediation, and she can evidence that he lied during the disclosure, he can be deemed to be in contempt of the court. If it hasn't been submitted to the court, the agreement reached in mediation has no legal standing.

Part of the mediation process would have been to exchange documents between them to check what they had disclosed. That's the time to raise any suspicions. Did this happen?

Also, he has no legal obligations to financially support children who have finished secondary education.

JohnofWessex · Yesterday 15:00

My ex wife declared that she had no intention to remarry or cohabit.

The did three days after signing the paperwork

I took her back to court and the settlement was reopened

It really was great fun!!

So yes reopen the case get legal advice

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