Constanza,

I undertsand from what you write that your agreement was not ratified by the court in which case there wasn't an application for ancillary relief.

It is the right of each party to apply for ancillary relief irrespective of what private agreement they have.

Should your x apply for ancillary relief you can ask for your private agreement to be turned into a consent order by the court.

I do not think it is up to you to prove your x had legal advice, he signed a statement to that effect. He can argue that he was mistaken when signing the form or that the advice he had was bad.

It does sound as if the entire order will be up for grabs again, however the fact that he has a new partner is also something relevant that should be reflected in any application for ancillary relief.

You might wish to consider telling him that you think the existing agreement is fair and his attempt to renege upon it is vexatious will serve only to burden you both with costs and that you shall apply for costs.

Good luck

YA

Hi YA
I've been in and out of this post as I had rotten legal advice (without going before the Judge at the Final Hearing) which didn't take into account anything to do with my X's position. He walked out 5 years ago and the only "asset" was my house that I owned before marrying him. His only payments were the running costs for 2 out of 13 years. He re-married and bought a house yet the equity was never offset against the available equity in my home nor was the half share of his sister's flat held in a Trust Fund for him. I'm 54 and earn £13,000 and he's 57 and earns £50,000 (with younger wife who could work) yet I got no pension share or maintenance. I am looking into what possible routes I could take - negligence on the part of my Barrister?? I had to pay him £45,000 last February and have to pay him a further £60,000 + interest in June 2009. What happens if I don't pay up - would I stand any chance if it then went back to Court of getting this looked at in light of the above??
Thanks for any advice. Debbie.