Spousal maintenance and entitlement to future assets made after divorce

Hi all

So this is my situation, got divorced September 2020 after 6 years of marriage together for 10 with three children aged 10 5 and 5.

We agreed mutually a 65/35 split of the house for which she had 160k and I had 80k.

Savings although in my business account 20k split 50/50 10k each ( I had to pay tax and VAT on the total amount 4 months later about 3k)

She was able to buy a house outright so now has no Mortgage i on the other hand now have a 110k mortgage.

I pay her £850 per month child maintenance and have the kids 8 nights a month.

I have a salary now of 60k per year

She has a business at her home address I’m not sure how much she earns but also claims alot of UC

So anyway all of a sudden over 2 years later she would like to take me to court to apply for a further split of any money I have earned or saved after divorce including spousal maintenance.

as we didn’t go to court initially there is no financial settlement.

anyone been in a similar situation or could give advise and feedback

It would be difficult to argue that the payments made weren't meant to reflect a financial settlement. Your position is that there is a 'concluded agreement' which is a legal term that means you have a defined agreement which the court should recognise.

Whether that agreement is fair or not is another question.

It sounds as though your ex does not have a need for any further monies, what with being housed and in receipt of an income, although that will depend upon whether the original agreement was fair to begin with.

There is approach that the principle of sharing end at the point of separation i.e. your post separation acquired wealth is yours alone. This, again, rests on the original agreement.

The counter argument will be (a) there is no agreement and/or (b) there was inadequate disclosure and the original agreement was unfairly cast in your favour.

All of these are issues that can be resolved by looking at your respective finances to advise on whether the original agreement should stand or whether there needs to be a financial application now to decide how to resolve the dispute.

Charles