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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

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Separation agreements

  • kk2
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03 Jun 12 #334782 by kk2
Topic started by kk2
So, having signed a Separation Agreement he downloaded fromsome internet company, I need to know, if I push through the divorce -and go to court -probably self represented, is the separation agreement legally binding ? It was signed under duress, so Im hpping not

  • hadenoughnow
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03 Jun 12 #334787 by hadenoughnow
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Kk, welcome to wikivorce. What stage are you at in your divorce? Has any money changed hands as a result of the agreement?
A Separation Agreement needs to have been signed after legal advice for it to carry any weight. If it does not comply with the way finances would be settled fairly then even this would not be upheld.
You would still need a consent or court order after Decree Nisi to have a legally binding settlement.

Hadenoughnow

  • NoWhereToTurnl
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03 Jun 12 #334791 by NoWhereToTurnl
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Hi and welcome,

My friend has been looking into a Separation Agreement, internet download for £5! I persuaded her to speak to a solicitor and the advise she received was;
"It would not be legally binding as it could have been signed when one partner was put under duress".

Hope that helps and good luck with everything.

  • WYSPECIAL
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03 Jun 12 #334793 by WYSPECIAL
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Trouble is its two extremes.

A solicitor is hardly likely to admit that they are an expensive waste of money and a form for a fiver off the internet will be just as good.

Fact is if it can be shown to a court that a speration agreement was arrived at after you both made full financial closure and took legal advice they MAY take it into account but don''t have to.

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03 Jun 12 #334794 by kk2
Reply from kk2
Thanks for this - that makes sense. Basically its a grey area, so it could be used as a basis for a court order, if Im happy with it, and the judge is happy with it, but equally not.

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03 Jun 12 #334795 by kk2
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Hi - thanks - this is helping me clarify my thinking. The Separation Agreement I signed was useful to get to first base. I add this if it helps your friend. Now, knowing its possibly going to be questioned if we move to a financial order and Decree Nisi and all that, is it a good or a bad thing? But at least I know its not necessarily carved in stone.

  • dukey
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03 Jun 12 #334797 by dukey
Reply from dukey
Really a Separation Agreement needs to be implemented in the same way a Consent Order is.

So you both give disclosure, then have it written by a solicitor and you both should then take advice before signing it, then you have something that could be used should it become contested in court, anything you see on the net for a fiver would be of no use at all.

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