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Category: Family Law
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A divorce settlement agreement that was signed by both parties

Customer Question

A divorce settlement agreement that was signed by both parties in 2007; is it still valid for purposes of finalising divorce now in 2013?
Submitted: 4 years ago.
Category: Family Law
Expert:  cmcsolicitor replied 4 years ago.

cmcsolicitor :

If everybody agrees on it, then yes. If there is a disagreement, if one of the parties wishes to claim that the arrangement means that fair provision has not been made for him or her, then he or she can state as much

cmcsolicitor :

... if that happens and if the parties cannot reach agreement, then a judge would have to decide whether the old agreement still amounts to fair provision for each of the parties, or whether another arrangement should be made. It will be significant that the parties reached agreement in the past, but it will not prevent a judge from making a different arrangement. This is particularly true if there has been a significant change in the circumstances in the meantime.