Quote:
Originally Posted by al_phaD
Can't you create your own unique legally binding contract and sign it with solicitors etc?
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Short answer - no. The arrangements between a divorced couple derive their authority from the court and not from the agreement between them.
Longer answer - no. But the fact of the agreement between them would be a relevant consideration for any court in deciding what a fair outcome might be.
In practice: Were a couple to enter into a wholly unfair deal between themselves without having received legal advice and without any disclosure having taken place the court would toss it out and impose whatever it felt fair (usually, in layman's terms, the bird helping herself to anything and everything). Were a couple of professional people to engage in full and frank disclosure of their assets and means and, each having taken legal advice, enter into a fair and reasonable agreement they may well be held to it.
BUT - parliament can change all that anytime it wants with retrospective effect as could the Supreme Court (although having just made the above the decision they are unlikely to do so in the near future).
DISCLAIMER the above is the hopefully mildly diverting ranting of a drunk AFC/Newbie who happens to be legally qualified and not intended to be relied upon by anyone for any purposes whatsoever.