advice needed please
Married for 26 years, am female
two children 22, daughter left home now works,son 18 who hopefully will be going to uni. son lives with me at present.
I live in MH, although initially had to leave due to his behaviour
husband has rehoused himself with another lady who owns own property and no children .
we both earn bout the same being £ 2000 take home
MH worth bout 175,000 mortgage of 137,000 remaining husband paying half mortagage at present, but pays no other maintenece
Had endowment payment that we split last year he has spent his half i have still got my half which i will need ( i am worried that he will now get half of my half!)
i have a car worth 2000
he has motorbike worth bout 7000
my half of mortgage is
council tax 100
food clothes £100
i am paying for my sons car insurance of 140 mth Which i may add my husband set up
Both work for local goverment he has been in pension for bout 17 years
i have been in pension for bout 10 years
he has a loan in his name for the motorbike ( which he is now paying off)
I want to move on and am thinking bout selling the house and wonder if a Separation Agreement may be the answer at this stage as i will need my bit for new property and he will ofcause want his.
Any advice would be great :
To add the assets to be split are what is there at the time so yes he could get half of your half of the endowment! That is one of the reasons why a consent order to end it all is important.
Presume your son has just finshed A''levels so will be away this October anyway and wont be a qualifying child for CSA purposes so you may not have time to come to any arrangement for him until it is too late. On the plus side he is still paying half of the mortgage as usually the person occupying the property pays it all.
I don''t know where people get the idea that a Separation Agreement is not valid. It is a legal contract between two people that is enforceable in court if its terms are breached.
I have been mediating for 10 years and, where it is appropriate, we (I work with an ex family law barrister) draw up an SA. So far, there has never been a problem.
This may be because those coming to mediation are more inclined to work together to achieve a settlemen, the settlement has been fully thought through, the document has been properly drawn up and then fully explained by us and by an independent solicitor (which is what we recommend).
This is not to say that an SA cannot be challenged in Court and changed. Of course it can, but so can a Consent Order, although the latter is more difficult.
Whilst I fully accept that a Consent Order is a more powerful instrument, it can only be issued on or after Decree Absolute, and there are occasions (for religious and other reasons) when a separating couple does not want to divorce. Therefore an SA is appropriate and valid - and works.
It''s simple it''s because separation agreements are not enforceable in court, much better than nothing agreed not not enforceable in the way you attest, if you disagree provide any statute any case law anything at all to show separation agreements can be enforced in court.
Almost always you make mention of the none practicing barrister you work with, perhaps a word or two from her? No barrister I have talked with has said anything other than they can be tested but not enforced in the way you continually claim.
Only a consent order is binding, your assertions regarding contract law are misleading we are talking family law here.
As I asked can you provide anything but your opinion or here say, this is a dance we have done many times, and at no point have you ever provided anything to back your assertions, hand this to your none practicing barrister friend and please dont go the contract route or your friend.
For the record personally I believe mediators are the best hope for a reasonable settlement and should always be the first port of call, court being the last.
The gentleman and I just disagree with the potential of enforcement.