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Family Law Help - Private Agreements vs Court Orders

Discussion in 'Family Law Forum' started by MumofTwo, 2 June 2014.

  1. MumofTwo

    MumofTwo Member

    22 May 2014
    Likes Received:
    My ex and I separated in November 2010. We signed court orders relating to the separation of assets, namely the principal matrimonial home. We both came to a mutual agreement regarding the property settlement amount. The amount was to be paid via an initial payment followed by final balance in two years.

    When the two years arrived, I was under so much stress that I agreed to take a lesser settlement just to finalise everything and to get the ex off my back. Via our respective legal representatives, we both signed a written doc stating that I agree to accept a lesser settlement amount. However, the family court orders have not been amended to reflect this 'outside' agreement.

    I am in a better place mentally and emotionally. I need this money to set up my children's education and lives. He pays child support but refuses to help out with anything else, ie. tuition, school-related expenses. With the initial court order still in place, what are my chances of recouping the payout? Thank you.
  2. rebeccag

    rebeccag Well-Known Member

    8 April 2014
    Likes Received:
    G'day MumofTwo,
    This sounds quite complicated and you'd need to get personalised legal advice from a family lawyer. Perhaps you could contact your local Legal Aid for legal advice or Women's Legal Service.

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