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Can divorced parties change their property settlement after signing the agreement?

Divorce Settlement Signed, Parties have a change of heart about what happens to the matrimonial property Do they now have to go back to court?

Many people think that once a divorce settlement is made an order of court, it can’t be changed. This is incorrect. The parties can amend the agreement in respect of the redistribution of assets, without going back to court.

This is often done by signing an addendum to the original settlement. So, if you and your “charming” ex decide to deal with the property in a different manner, you can record that change in writing, without the consent of the court.

The courts have confirmed this in previous cases, and the Chief Registrar has also issued guidance supporting it.

So Change of heart – We can help

We will assist and draft an addendum to the original settlement agreement and guide you through the process without the need to go back to court.