FAQs on Divorce

Can divorce settlements be reopened? It is exceedingly difficult to reopen a financial divorce settlement once the same has been approved by the court with a court seal. There are specific criteria for reopening a financial settlement and that is if there has been fraud or material misrepresentation. The case law in relation to this is very clear but if someone has made a representation upon which the other party has relied and it turns out to be totally incorrect, and would have made a difference to the settlement had the correct position been known at the time, then the Court can reopen the case. It is for this reason that parties are advised to make full and proper financial disclosure at the time of the settlement or imminently before or else face the risk of their settlements being reopened if their misrepresentation would have made a substantive difference. This applies both to Court hearings and if agreement is reached consensually. Can divorce happen in pregnancy? Divorc...