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Hi, this is my first post, so any help/advice would be greatly appreciated, please bear with me...I hope not to drag this out into too long an OP.
My wife and I separated in December 2017, at first it was a trial separation, but eventually became a full split, and we obviously decided to sell our home.
My wife suggested we get a Separation agreement drawn up, I didn't really feel we needed one, we hadn't fallen out, we weren't bitter towards each other, it was all quite civil. We just grew apart as a couple, we don't hate each other. It was in March that she first mentioned a separation agreement. More than anything else, it was to register the share of the house sale profits. Her dad had given us £10k towards the deposit of our previous house, and I agreed it was only fair that she get that back, rather than splitting it.
So...our house went on the market for offers over £325k, and with what was left on the mortgage to pay off, that would leave me with around £25k, and my wife with £35k, after legal fees and other costs were factored in. My wife suggested that on the separation agreement, that was how it would be written, and was. I was to receive £25k, the rest transferred to my wife, who would split up the remainder of the profits. Perhaps I shouldn't have been so naive about this - but I genuinely thought we were in a good enough place that it'd be fine.
The house sold for £352k, so a lot more than we'd hoped to get.
I've gone back to check through my messages on my phone, as that's how most of our communication has taken place -
Before I signed the agreement I have these messages -
26.03.18 (WIFE) - "Hey, just to keep you updated - I have a solicitors appointment next Wednesday. You don't actually need a solicitor unless you want one - it can just be signed by you"
12.04.18 (WIFE) - "going to get the separation agreement drawn up, with a lump sum £25k to you first. Obviously you will get more, but wanted to check you were still happy with it being drawn up like that for simplicity"
16.04.18 (WIFE) - "I have a telephone appointment with my solicitor tomorrow - just checking (again) that you are happy with the agreement drawn up with £25K to you, then rest to me. Then obviously once I've taken my share I'll divide the rest as discussed before."
16.04.18 (ME) - Yeah, like I’ve said already I trust that if we get much more than the £325k (which if it’s been valued at £340k, we have to assume it will) you’d not **** me over and keep the rest.
16.04.18 (WIFE) - "I wouldn't **** you over - obviously I would take £35K (my £25K plus £10K from my folks), plus share of mortgage payments and bills from January (which are around £800/month) and solicitors fees for separation agreement (£800 - as I have had to pay this from my own money). The rest I would then split 50:50.
The more we can sell the house for, the better, as we'll both benefit!"
16.04.18 (ME) - Yeah, I know that's how it will be, that's totally fair.
Fast forward to this morning - I sent her a spreadsheet I'd put together with the figures and asked if that looked about right, for how much I'd be getting (by my figures it should be £34.7k), I received this response -
26.06.18 (WIFE) - "On reflection I have made the decision that I will be following my solicitors advice to stick to the terms of our legal separation agreement x"
Obviously I've called her today - bottom line seems to be...she knows I've started seeing someone else (it's not even a relationship...I've just been out with her a few times), and isn't happy about it...and as far as she is concerned, I signed the agreement, so it's up to her, and there's nothing I can do about it.
Is she right? Having signed the agreement, am I now screwed, with no legal challenge available?
My wife and I separated in December 2017, at first it was a trial separation, but eventually became a full split, and we obviously decided to sell our home.
My wife suggested we get a Separation agreement drawn up, I didn't really feel we needed one, we hadn't fallen out, we weren't bitter towards each other, it was all quite civil. We just grew apart as a couple, we don't hate each other. It was in March that she first mentioned a separation agreement. More than anything else, it was to register the share of the house sale profits. Her dad had given us £10k towards the deposit of our previous house, and I agreed it was only fair that she get that back, rather than splitting it.
So...our house went on the market for offers over £325k, and with what was left on the mortgage to pay off, that would leave me with around £25k, and my wife with £35k, after legal fees and other costs were factored in. My wife suggested that on the separation agreement, that was how it would be written, and was. I was to receive £25k, the rest transferred to my wife, who would split up the remainder of the profits. Perhaps I shouldn't have been so naive about this - but I genuinely thought we were in a good enough place that it'd be fine.
The house sold for £352k, so a lot more than we'd hoped to get.
I've gone back to check through my messages on my phone, as that's how most of our communication has taken place -
Before I signed the agreement I have these messages -
26.03.18 (WIFE) - "Hey, just to keep you updated - I have a solicitors appointment next Wednesday. You don't actually need a solicitor unless you want one - it can just be signed by you"
12.04.18 (WIFE) - "going to get the separation agreement drawn up, with a lump sum £25k to you first. Obviously you will get more, but wanted to check you were still happy with it being drawn up like that for simplicity"
16.04.18 (WIFE) - "I have a telephone appointment with my solicitor tomorrow - just checking (again) that you are happy with the agreement drawn up with £25K to you, then rest to me. Then obviously once I've taken my share I'll divide the rest as discussed before."
16.04.18 (ME) - Yeah, like I’ve said already I trust that if we get much more than the £325k (which if it’s been valued at £340k, we have to assume it will) you’d not **** me over and keep the rest.
16.04.18 (WIFE) - "I wouldn't **** you over - obviously I would take £35K (my £25K plus £10K from my folks), plus share of mortgage payments and bills from January (which are around £800/month) and solicitors fees for separation agreement (£800 - as I have had to pay this from my own money). The rest I would then split 50:50.
The more we can sell the house for, the better, as we'll both benefit!"
16.04.18 (ME) - Yeah, I know that's how it will be, that's totally fair.
Fast forward to this morning - I sent her a spreadsheet I'd put together with the figures and asked if that looked about right, for how much I'd be getting (by my figures it should be £34.7k), I received this response -
26.06.18 (WIFE) - "On reflection I have made the decision that I will be following my solicitors advice to stick to the terms of our legal separation agreement x"
Obviously I've called her today - bottom line seems to be...she knows I've started seeing someone else (it's not even a relationship...I've just been out with her a few times), and isn't happy about it...and as far as she is concerned, I signed the agreement, so it's up to her, and there's nothing I can do about it.
Is she right? Having signed the agreement, am I now screwed, with no legal challenge available?
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