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Postnup done, divorce done, do I need financial settlement too?

  • michael007
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04 Aug 22 #519762 by michael007
Topic started by michael007
CHRONOLOGY:

- postnup 2015 in Poland
- divorce 2018
- child arrangements order 2019

The entire relationship and divorce was messy. Recently I've re-engaged with a solicitor (updated Child Arrangements Order) and I was told that despite having a postnup I need to do financial settlement anyway:
• I find it counterintuitive.
• The whole point of doing postnup was to arrange finances in case of a divorce.
• Financial settlement is used to arrange finances after a divorce but in our case, it was already covered by the postnup.
• That is a layman, naive, common sense understanding, but who knows what the interpretation of the court would be

Bonus question 1: Does it matter that the postnup paperwork was done in the EU country?

Bonus question 2: I happened to pay more money than calculated by child maintenance Service. I was told that inadvertently I have established Spousal Maintenance dependendency. How to resolve this uncertainty?

Me paying additional money for children was “peace of mind” and coercion / conforming to the criminal behavior of my ex-wife “if you do not pay you will never see your children again”, choosing the lesser evil. At all times I felt like a victim of domestic abuse - www.cps.gov.uk/legal-guidance/controllin...-family-relationship - the reason why I did not report to authorities - perpetrators often portray themselves as victims and I genuinely do not trust the justice system.

  • .Charles
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05 Aug 22 #519768 by .Charles
Reply from .Charles
Pre and postnups are not binding in the Court of England and Wales.

Any agreement in relation to finances can be taken into account by the Court but it is not mandatory, particularly if the circumstances of the case demand a different resolution.

Charles

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06 Aug 22 #519778 by michael007
Reply from michael007
WOW.

Not binding but taken into account.

Now I'm thinking about the strategy "let the sleeping dogs lie"

Seriously. I was pretty sure that postnup sorts out the thing. My ex-wife also thinks the same.

Bonus question: is there any source / regulation / precedent? Is there a way to know for sure?




Top result for "postnup financial settlement" - if properly drafted they will be binding.

So now I'm in the game of retrieving my 2015 postnup from notary public to check the exact wording.

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