Divorce settlement

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    • #20262

      Hi all
      I wonder if anyone can share a view please.
      I divorced my ex and everything was done and dusted in 2010. My ex suffers from mental health issues, and everything was fine until she took up with a new guy, and from that moment onwards life has been very tough indeed!
      I have been falsely accused of a fair number of things, some of which to the police, but nothing has stuck, basically because it wasn’t true. The police know her well!
      My ex is now trying to get the divorce settlement re-opened as she is alleging fraud. She has got it into her head that during the 13 years of marriage, that I pocketed the uplift in value of each house and am sitting on a huge pot of gold. Her claim is total fiction and ignores the fact that I was paying the mortgages, the uplift was reinvested into the next property, cost of living, heavy refurbishment costs etc etc.
      She was represented by a reputable family solicitor during the divorce proceedings and literally bit my hand off when I offered her the settlement. Now she is saying that I bullied her into accepting the deal even though this was never mentioned by her solicitor or during meditation.
      I have been quite passive during all this as I don’t want it to be horrible for our kids, and I deal with every accusation as it comes and wait for the next round.
      I put on a brave face, but am feeling very stressed, harassed and am worried about the court hearing which she has now listed. This is literally costing me a fortune in legal fees.
      If anyone has any experience of this I would really appreciate your point of view.

    • #20264

      I can’t say I have experience of exactly this, but having been through divorce I have some knowledge.

      Do you not have the original agreement you both signed when divorcing? AFAIK this is as legally binding as any contract and therefore she willingly agreed to it as an adult.

      The burden of proof I would think surely lies on her to prove her case.

      I wouldn’t spend anymore on legal fees especially if she is taking you to court, she has to prove her case not the other way round.

      If it’s all untrue as you say, she won;t be able to prove it, and I assume you can go back in your bank accounts for the past X years to prove otherwise?

    • #20342

      Hey man, I hope the best for you in this hard time.

    • #21566
      Graham Campbell

      You need a lawyer.I’m not saying that because I am a lawyer myself. I am saying it because so many of my clients have come to me after trying to represent themselves, and getting a raw deal from the courts. Your case is not straightforward. You know your ex is talking nonsense, but you will need to prove that to the judge. You need to get her to define her case in such a way that you know precisely what she is saying, and so she can’t ‘change tack’ when it suits her. Once you are certain what she is saying, you then need to get every document possible to disprove her case. If you have the money, get a solicitor who specialises in divorce law. If you are a bit strapped for cash you can instruct a barrister directly which is cheaper. Either way you must have a lawyer. Best of luck.

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