I have been divorced for nearly 5 years(November 2003). I divorced myself without the help of a solicitor which I am now very much regretting. My ex husband advised me not to go through a solicitor as it would mean I would end up with less money!! I obtained the forms from the court and with the helpful booklets submitted the divorce papers to the court. My ex husband drew up an agreement stating that he would pay x amount of maintenance(£300 a month) for the children(one now 18 and the other 16) and on the day that he retired would pay me a lump sum payment of £18000. I did not submit form E. I was very foolish but at that time had no reason to think that my ex husband would not keep to his word. My ex husband retired in October of last year with a lump sum payment of around £85000 and a recent addition of £23000 plus approx £20,000 a year paid monthly. He has paid me £10000 but has told me to sing for the rest!We were married for 15 years. I have always worked although part time but full time for the past 2 years. I have not remarried but I do have a partner. I have my own house which was bought through my husband paying me half the equity of the marital home topped up with a mortgage. I cannot afford expensive legal bills. I have spoken to the court to enquire whether there are any forms I can submit myself. The court were very helpful. I have received the form(form A) and although I consider myself to be fairly intelligent I have a feeling to apply to the court under my own steam is going to be very complicated. Is there any point me pursuing this? I know its only £8000 but thats an awful lot of money to me. I would be very grateful if anyone out there could advise me on the best plan of action to take or whether to forget it. Thank you.

Hello Cats

It would seem even at 18k to be very unfair and yes its well worth persueing, the agreament you sighned do you still have it and was it a consent order? can you check to see if it was a clean break with children in education at the time it may not be, also did you fill in form d81 a shorter version of form E, and were you advised by a solicitor before sighning this agreament?.

If you did not have legal advice before sighning and its not a clean break consent order there is no reason why you cant ask the court to vary the order and recive a fair settlement and that should be much more than 18k, after 15 years the asset split starts at 50/50 and your x would need to show why you should not recive 50%, i cant see any reason why you would not recive 50%.

Post some more details about the agreament and if you had legal advise before you sighned it.


Wellcome to the site i am very sure others will answer your questions and help.

As to legal costs you can have a free half hour chat with a solicitor, there is a tel number on the main page call them and book a chat.

Dukey

Cats,

It looks to me as though the advice you had from the Court was correct ; you apply for ancillary relief using Form A.
You have to get the leave of the Court to bring an application but this is normally granted provided you have an arguable case.

If you do intend to take action, you should not hang about.

I would personally regard it as inconceivable that a Court would enforce the terms of the agreement. For such an order to be enforceable there are three requirements :

1. There must be a full and honest disclosure of assets ;
2. Both parties must have had access to legal advice ;
3. There must be a fair time allowed for reflection before the agreement is signed.

It is definitely worth your while taking legal advice at this stage. Look at it this way ; if you can get
£50,000 it may be worth spending £20,000 to get it.
The very threat of legal action by you may force him to be a bit more realistic.

My suggestion, madam, for what it's worth, is that if you
seek legal advice it is really necessary to assemble all the facts about your finances - both income and capital -
and what you know about your ex's. Without this information no solicitor would be in a position to give you more than general and non-specific advice.

Good luck anyway
Mike 100468