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Struggling Couple - Separation Agreements

Can I enforce an agreement?


Published: 30th June 2010 - Category: Separation and Divorce - Author: Lynne Bastow

Perhaps. Even a Private Agreement, such as a verbal Agreement to “split everything equally”.

If it is deemed fair to hold both parties to the Agreement then the court will uphold it, even if it would have ordered a different settlement.

What is important in enforcing an Agreement?

  • Were the parties on an equal footing? i.e. one was not coerced by the other.
  • Was there full and frank disclosure about all the financial circumstances?
  • Did both parties have legal advice?
  • Was there a mistake?
  • Was there fraud?
  • The conduct of both parties before and after the Agreement.
  • Has something happened since the Agreement which invalidates it?
  • Has there been delay?
  • Has either party relied on the Agreement and acted upon it?
  • Were the parties actually in Agreement?

All of the above is dependent upon the individual facts of the case and one party can often believe they are in accord when they are not… or they can be deliberately misled by their ex-partner…

Lynne Bastow Divorce Solicitor

Meet Lynne Bastow

With over 16 years experience, Lynne can provide excellent and valuable advice and has a friendly, positive approach towards all her clients, ensuring you get the best service possible.

Read Lynne's Books

If you need more information on divorce, Lynne has published two informative guides on divorce, which you can purchase from Amazon.

The Little Book of Divorce

The Little Book of Divorce

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The Little Book of Divorce Dilemmas

The Little Book of Divorce Dilemmas

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