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?
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.