What happens next?

Our clients often reach an agreement about their property including houses and pensions, and the court has to approve such an agreement otherwise it is not valid.

For example, the husband and wife may agree that one of them will buy out the other’s share of the house and they will each keep their own pensions. They may ask conveyancing solicitors to transfer the house.

However, there is nothing stopping either spouse going to court later for a larger share of the house - or some of the other person’s pension. There is no time limit on such claims although someone who delays may well receive less (it is different if you have re-married).

When the court looks at approving an agreement it has to consider all the relevant circumstances. This is done using a form which sets out for each party’s assets, liabilities and income. It also has information about any children and each party’s living arrangements.

The court then has to decide if the agreement is fair. This is usually done on paper.

If each spouse has had legal advice, the court generally approves the agreement. The court will not approve an agreement which appears to be unfair.

It is often said that the reason for this rule is to prevent a vulnerable spouse from selling themselves short. The agreement may be against their interests. 

In other fields, such as contract law, it is well established that the court will enforce a “bad bargain”.  However, this does not apply when people have been married.

The moral of the story is, please take legal advice before reaching any form of agreement. In particular, take advice before paying money or transferring properties.

Our experienced, specialist family lawyers are happy to assist. After an initial enquiry you can then decide whether or not you need more detailed advice.