Appeal a mutually agreed settlement

Hi Everyone,

I have a friend who signed an agreement in the latter half of 2024. He did not consult with a solicitor, but instead allowed his wife to draft the agreement with her solicitor. The agreement basically bought him out of the marital home that his wife had valued. Simple maths, house valuation less mortgage divided by two, and she kept all the contents. He disputed the valuation at the time, but in the interests of harmony (he is a totally devoted father,) he went along with it on the understanding that his ex would keep the family home and he would be able to see his children as much as possible.

Here we are 6-months later, she has a new partner (who's been in the background long before they split up) and the house (4 bedroom) has been put on the market and sold quickly for 25% (£75,000) more than the valuation she provided less than a year ago. (Currently sorting out contracts presumably.) Her stated areas she intends to move to will seriously impact his ability to see his children.

She is in a much better paid job that he is. They did not fill in form E's and her pension was never mentioned.

Bottom line is, he was very niave and should have taken advice, but she has exploited his niavety and got him to sign a totally unfair split. I believe her solicitor told him that is he didn't sign he could lose the settlement or words to that effect, basically pressurised him into signing.

Does he have grounds, now that the spirit of the agreement has been broken and the under-valuation of the marital home is now a fact, to appeal or get the agreement set-aside? If they had filled in Form E's her pension and income would have clearly demonstrated the division was inequitable.

He currently lives in unsuitable rented accommodation that is near the family home so he could see his children. He doesn't have a sufficient deposit (at the moment) or income to be able to purchase a house large enough that his children can at least share a bedroom.

He's been to see a solicitor and has been informed there's nothing that can be done. That can't be right as I've known applications to set-aside orders that a Judge thought was fair.

I appreciate we aren't talking about £100,000's but we are talking £50,000 plus.

Thoughts and advice much appreciated.

John

If a professional solicitor, armed with all the facts, who would make a profit out of it being pursued gives the opinion that it would be wasted money I’d go with their advice.

He could always get a free half hour somewhere else for a second opinion.