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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3391
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I was divorced in 1977 and in the financial settlement my lawyer

Resolved Question:

I was divorced in 1977 and in the financial settlement my lawyer included a legal "item/clause" which was available at the time , which basically ensured that my ex-wife could not at any time in the future make claims upon me or my estate.
I have recently been told that the laws have been overturned and that it is now possible for her to make such claims as she sees fit.
Can you advise me on whether this is the case or not please.
Thank you
Peter
Submitted: 10 months ago.
Category: Australia Law
Expert:  Daniel replied 10 months ago.
Hello

It is not the case at all.

Even if it was, it is not retrospective, meaning it can deal with matters in the past.

The matter is dealt with well outside the 28 days to file an appeal.

Please accept
Customer: replied 10 months ago.

Daniel,


thank you for that.


I do not have the original settlement papers but can you tell me what the relevant clause was that ensured that it was final.


Thanks


Peter

Expert:  Daniel replied 10 months ago.
Hello

There is no clause, the documents are sealed and you only have 28 days to appeal.

Please accept.
Customer: replied 10 months ago.

The reason I ask is that at the time the solicitor said that unless that clause was included then my ex-spouse could still come back in the future and make claim but that clause made it final.


Thanks


Peter

Expert:  Daniel replied 10 months ago.
Peter the Solicitor is misinformed.

The matter is final, hence going to court or drafting up orders by consent.

All the best and please accept :D
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3391
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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