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

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An alternative to a 'Separation Agreement'?

  • deve
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09 Sep 07 #3042 by deve
Topic started by deve
Is there an alternative to a 'Separation Agreement'? My husband and I have only recently separated and as yet are not ready to tie ourselves to a full separation agreement.

Although he wishes to divorce straight away, I want to sort out our finances and investments before signing to a divorce. We have drawn up preliminaries and what he has agreed to do for the next 12 months with regards to finances, but can this all be sworn with a signed affidavit or is there an alternative?

We have agreed upon a lump sum payment to cover the household for the next 12 months, but as yet made no plans for maintenance, child support or visitation after this period.

Some advice would be very much appreciated.x

  • LittleMrMike
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09 Sep 07 #3052 by LittleMrMike
Reply from LittleMrMike
It is perfectly possible to live apart without having a Separation Agreement.

At the risk of stating the obvious, madam, it takes two to make an agreement. If your husband wants to divorce now, a Separation Agreement would be of little use because it would be superseded by the divorce.

There is nothing to stop you from trying to reach agreement between yourselves concerning such matters as children and finance.

If you can agree, it is possible for you to ask the Court, as part of the divorce proceedings, to make an order giving effect to what you have agreed - provided two basic conditions are satisfied, namely that there is a full and complete disclosure of the financial positions of both parties, and that both of you have taken competent legal advice.

If this is done, your divorce should be much less stressful and less expensive than some of the contributors to this website have experienced.

Mike

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