Any divorce lawyers in the house…settlement agreements??

Not me, but asking for a friend..

Basically she broke up with her husband after 20 odd years. Turns out she signed a settlement agreement around a year ago, which was pulled together by her husbands lawyer. She doesn’t even know what was in it, didn’t get a lawyer to review it, claims she was in a rage, signed it, threw it at him, and left.

Now to me, signing something like that without either understanding it nor consulting a lawyer is beyond belief.  But its done now

i dont believe its legally binding, but I assume it would have some influence if things went to court. I haven’t seen the separation agreement,  she doesn’t even have a copy, but I assume she doesn’t come out well from it.

What are her options, or has she royally shafted herself?

I had similar agreement with my ex. Amicable split but only I had a lawyer so we could save cash.

The agreement was heavily in my favour as ex came to relationship with nothing and just wanted enough cash to set herself up.

Judge refused to sign off at decree nisi stage I think, summoned us both to ensure that she was happy and not coerced. We were then able to move forward.

So would seek legal advice but definitely not assume that an enraged signature on a document is a fait accompli. Shouldn’t something like that be witnessed anyway?

IANAL – but it doesn’t necessarily follow that what she signed is a bad deal for her.  I would however be surprised if any lawyer encouraged her spouse to have her sign it without legal advice, because its enforceability will depend on what she understood and its fairness/reasonableness.

in reality to find out how enforceable it is she is going to need to pay even more than for the original advice she didn’t seek.

IANAL but from memory I think it needs the party without a legal advisor to sign a separate document to say they know they haven’t had legal advice and are fine with that. It then has to go before a court, and I think you could then turn up at that hearing and object if you wanted to – in England anyway.

I’ve only handled settlement agreements in cases of employment rather than divorce, but similar to what Hannah says in my experience a settlement agreement requires the person signing it to take legal advice (and for their legal advisor to sign the document as well), otherwise they’re not valid.

They’re also a contract, which then requires consideration. So if the ex-husband hasn’t paid her anything(?) then that might be a factor as well.

EDIT: also IANAL.

My understanding is that a financial agreement can be signed by both parties, but is not legally binding until a consent order based on it is granted by the courts. So she could get some proper legal advice and seek to renegotiate.

The ‘getting some proper legal advice’ bit is the priority.

IANAL but my experience suggests a judge will be supportive, if it’s not seem to be fair. This was true for am agreement negotiated by lawyers so I’d imagine thats even more so for a random bit of paper that’s not witnessed.

Bottom line. Get a solicitor.

Thanks guys. That’s encouraging

Still can’t believe anyone would sign something like that without a lawyer casting an eye over, let alone not reading it herself!!

But hey ho..