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 sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

Separation agreements

  • JB954
  • JB954's Avatar Posted by
  • Junior Member
  • Junior Member
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?


JB x

  • gone1
  • gone1's Avatar
  • Platinum Member
  • Platinum Member
29 Jan 08 #12243 by gone1
Reply from gone1
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.

  • JB954
  • JB954's Avatar Posted by
  • Junior Member
  • Junior Member
29 Jan 08 #12253 by JB954
Reply from JB954
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.

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
29 Jan 08 #12254 by LittleMrMike
Reply from LittleMrMike
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

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11