A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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 going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Deed of Separation

  • ariesgirl63
  • ariesgirl63's Avatar Posted by
  • Premium Member
  • Premium Member
More
29 Oct 07 #5480 by ariesgirl63
Topic started by ariesgirl63
In January 2006 my husband I separated and I left the FMH and went to live with my mother for a short period followed by rented accommodation. I had a solicitor draw up a deed of separation to protect my interest in the FMH (mortgage free). We agreed that we would file for divorce after 2 years separation but I am not sure if this was documented in the deed ( I don't seem to have a copy for some reason!).

My husband has now cohabited for a period greater than 6 months and has remortgaged the FMH to pay me 50%. All other financial issues between us are settled and we share residence of the 3 children (18/14/9) on a weekly basis.

I would like to proceed to divorce now as we both have new partners and I would like to remarry. Could anyone advise please if we have to wait until the 2 years are up (February 2008) as stated in the deed of separation or can either of us petition against the other on the grounds of adultery? My ex has stated that he is not prepared to pay the costs of petitioning after the expense of remortgaging so I guess it would be up to me to petition anyway. If we divorce on different grounds to that stated in the deed of separation would that invalidate the deed? Grateful for any advice.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11