Emma Weaver recently attended a preliminary hearing on behalf of the wife during financial remedy proceedings. The issue at hand was whether or not the parties had reached a concluded agreement in respect of all their finances some 7 years prior to the husband lodging his Form A.
The former matrimonial home had been transferred into the sole name of the wife following separation. This matter had been dealt with formally by solicitors and therefore, proved conclusive. However, the question remained whether the other aspects of their finances including pensions had been the subject of a concluded agreement by way of a verbal agreement.
Ultimately, the Judge preferred the wife’s oral evidence and determined that a concluded agreement in full and final settlement of all of their financial claims against the other had been reached.
The case serves as a reminder to seek independent legal advice upon separation where finances are involved. Any agreement should be formalised and at the very least, communicated in writing to ensure there is a paper trail.