Consequences of Divorce & Agreement


Questioner

Before the divorce, my (now) ex and I had a covenant drawn up by a mediator. Our separate pension insurances are exempt from division. The owner-occupied home had to be sold, and the proceeds (after deduction of the costs involved) had to be divided among us. It is stated that the insurances linked to the house must also be divided. The insurance that is mentioned (including account number) now appears, upon inquiry with the insurance company, not to exist and never to have existed. There is no insurance linked to the house at all (this was confirmed by the bank upon inquiry). This account number was also not provided by us to the mediator. What are the consequences of this for the implementation of the covenant? Following this discovery I have checked the other accounts mentioned, and now it also appears that 1 of my insurances for my pension is not mentioned. What are the consequences of this?

Lawyer

First, ask the mediator. He will have to explain something to you, right? Furthermore, you thought you were dividing something that now appears not to exist. You were mistaken about this. This has consequences if the effect of the division turns out differently than you had intended. turns out differently. The party affected by this could invoke the voidability of the agreement by invoking error. After all, if there had been no error, the division agreement would have had different content. The forgotten insurance is not included in the distribution. It will therefore still have to be agreed upon how it will be distributed.

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