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Separation agreements

  • JB954
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29 Jan 08 #12242 by JB954
Topic started by JB954
Hi guys,

just wondering if anyone knows if Separation Agreements can be back dated? My partner and his wife separated last March, now her lawyer are asking for a separation agreement prior to selling the matrimonial home (which both are in agreement to do)? can separation agreements be back dated?

Cheers

JB x

  • gone1
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29 Jan 08 #12243 by gone1
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Hi JB.

I dont think so. This is a signed and witnessed document. It is a contract and therefore it has a contract start date. You cant back date a contract. Chris.

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29 Jan 08 #12253 by JB954
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Cheers for that Chris,

After a morning of shouting and swearing about it, I think your probably right! he has made an appoinment to see our solicitor on Friday morning to draw up a separation agreement.

I just wish that I knew about separation agreements this time last year so we could hve had one in place.
JB

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29 Jan 08 #12254 by LittleMrMike
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Is the property in joint names ? If it is, it can't realistically be sold unless both parties agree to the sale and division of the proceeds.

Separation agreements have their uses, and can be used, if, for example, the parties intend to divorce after two years' separation and want to regularise their finances in the meantime ; or if a trial separation is contemplated ; or if there are religious objections to divorce, and that sort of thing. You don't, of course, need a piece of paper or a separation agreement to live apart ; and sometimes, if it is clear that a divorce is going to happen, then a separation agreement may just be additional and needless expense ; you might as well proceed straight to divorce.

I have to say that if I were a joint owner, I would want some sort of agreement drawn up to protect my position.
But that's not necessarily the same as a separation agreement. That is a formal agreement between the parties to separate, and has the effect that it isn't possible
for either party to rely on desertion as a ground for a subsequent divorce.

Mike 100468

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