07.02.07

Seeking An Additional Payout 30 Years After Divorce

Posted in Divorce Law, Family Law at 2:36 am by Administrator

In this article from the Daily Telegraph in the UK, there is an interesting discussion about a case where a husband was ordered to make an additional payout to his ex-wife almost 30 years after their divorce.

You may notice that many commenters seem surprised that this situation could occur. However, this decision may not be as outrageous as it seems at first glance.

One would have to look at the Settlement Agreement between the parties to see if it permitted the wife to return and ask her husband for additional fnds if there was a material change in her circumstances. If it did, then the husband needs to blame his lawyer for not explaining the Settlement Agreement to him clearly. 

In Massachusetts, one way to obtain more certainty that the division of assets and liabilities in your divorce is final would be by ensuring that the Settlement Agreement “survives” as an independent contract between the parties.

The Mwangi Law Office specializes in business and family law, including Massachusetts divorce law.

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