Changing a minute of agreement

Hi all,

I entered into a minute of agreement with my wife about 1 year ago, in the MOA I relinquished any claim I would have had on the profit of any sale of the marital home.

My wife has recently put the house on the market and has had an offer.

My partner and I are expecting a child in 8 weeks and live in 1 bedroom rented flat so is there anyway that I could change the MOA so that I could receive half of the profit from the house sale for a deposit on a home for my new child?

Many thanks.

You need Ruby or Fiona to answer this as its Scotland, you could just copy and paste it and send it to one or the other as a private message so they don`t miss it and it goes unanswered.

There is very limited scope to change any clause in a MOA (now called a Separation Agreement) - the clauses that can only usually be amended are those relating to periodical payments (aliment, child maintaince)

If you didnt receive sufficient and proper legal advice at the time of signing the SA, then you may have grounds to have the SA amended, but if you did, then it is very unlikely that you will have sufficient cause to change any clause within the SA, esp if you are now seeking a change to the SA due to a change in your own circumstances.

I appreciate this isnt the answer you were hoping for

Ruby

You would really need to seek legal advice about the fairness of the agreement. If you are still married the court has the power to set aside an agreement "where the agreement was not fair and reasonable at the time it was entered into. " - s16(1)b Family Law (Scotland ) 1985.

Thanks for the replies!

Doesnt look very promising for me then!