It’s a question of Judgment

Usually I feel that it’s better to do something late than never at all.

We’re better off scoring a late equaliser than losing the match – even though I might have enjoyed the match a lot more if we’d scored earlier on.

You’re better off taking legal advice about a legal dispute before proceedings are issued – even though you might have been better off taking advice on the project before it became disputed.

The waiter is better off filling up my glass before I complain – even though I might have drunk a bit more if he’d filled it up faster – or perhaps he’s just looking out for my welfare and thinks that I’ve already had enough.

However, sometimes, late is too late and no amount of “the glass is half full” thinking will make it better.

For example, once proceedings have been issued, they can be a bit of a runaway train – but you can still settle at any point.

Even once Judgment has been given, you can still appeal.

But what happens if you do a deal but never get a judgment?

In family proceedings, we always encourage the parties to reach an agreement between them, to avoid legal costs being incurred, but once an agreement is reached, the parties are still advised to have the agreement ratified by a Court order, failing which the agreement can still be challenged….at any time.

As a husband recently found when his ex wife sought to challenge the agreement that they had made some 20 years previously.

It’s not uncommon for an ex spouse to want to re-ignite a dispute if they believe that their former other half had misled them as to what their assets and wealth were.

But in this case, it was more about how successful the former other half had become since the split.  And because there was no sealed order, a further claim was possible.

Fortunately, the Judge accepted that the original agreement that had been reached was fair and reasonable based on the parties respective positions at the time of the split, and that despite the lack of an order, the court declined to go behind that agreement and amend the terms.

Even though the ex husband wasn’t ordered to pay anything more to his former wife, the process still cost him a considerable amount in fees, to say nothing of the stress and worry it must have caused.

So when your solicitor tells you that no matter how certain you are that a deal has been done, it’s always best to make sure everything is properly signed, sealed and delivered – like my glass of wine has just been delivered to my table.

Kleyman & Co Solicitors.  The full service law firm.  Always on time!