Have not posted for ages , so wanted to get some advice. The marriage is deff over and we will be separating . My STBX still seeing the other guy . I am in a better plce and talking to lots of support .
We have been to mediation and agreed at the session and beforehand on .
- Focus on Children
- Children split 3/4 per week as much as poss
- Equity of home to be trand to me - I will buy my wife out .
- Debts to be setteled and she will recieve 50% of the share.
- Contents of house to be shared and discussed.
- My wife will make no claim to my Pension.
- Agreed child maintenance Payments based on figure on Child Maint options website.
- Divorce after 2yr separation !!!
There is one point I dont agree on and that is my wife wants to have 2year sep then divore, but I dont sit easy with that, we are either married or not , it may be because she committed adultery ( she has admitted) this .
So the question in -
1)Do we have to have a legal separation drawn up? or do we just do what we want ..
2)When I get Equity transfered to my name and I buy her out of the home, I will use a solicitor , does this have to include "no more claim to the home" ?
3) I expect that after 2/3 months of bieng apart and then I ask for a divorce , she may change her mond to Pension claim , can she do this to anything else ?
The problem that you have is that a Separation Agreement isn''t binding in the same way a Consent Order is. There is the possibility that after 2 years and you get to the financial settlement she may come back for more, having spent the original pay out on magic beans. It depends if you think this is a risk worth taking. In my case I did (although it was not a two year wait), the solicitors dealing with it would not progress the transfer without a Separation Agreement.
You could suggest that she divorces you on grounds of unreasonable behaviour, or you could do the same.
Waiting for 2 years just seems to be dragging things out unnecessarily and potentially exposing yourself to future claims.
My husband initially went for a Separation Agreement. The house was sold and split 50/50. She also agreed to leaving pensions out of equation. However the agreement was never signed and when it came to divorce she backed out of agreement and it took another 2 years to get her to agree to original terms.