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Separation Agreement

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06 Feb 08 #13066 by peteringout
Topic started by peteringout
Hi all,

Wifes Lawyer is (supposedly) drawing up a Separation Agreement for us both to sign. I am self repping. A couple of weeks ago I would have been willing to sign this. I have basically done the Lawyers work for him, I wrote all the terms in which I would agree to, that is 50:50 on most things e.g. endowments, savings & pension and 75:25 split of the capital asset on the sale of the house in my wifes favour. This was the first week in January and all he has to do is cut and paste it and add the legal jargon. Not done it yet.

Now, as we move further forward, I feel that I do not want to sign this as and when it comes. The reason being that I still want to try to make things work with my wife (somewhow). I have stated to wife that on the sale of the property 'we' will agree to divide the capital as stated above and 'informally' agree that between ourselves.

However, the conveyancing lawyer (who is in the smae firm as my wifes lawyer) has stated we are not in a position to put an offer in on an other property until we have both signed this 'Minute of separation' (as it is called in Scotland).

Is this true? This sounds like coercion to me? Like I said, I am having second thoughts about signing, if Lawyer pulled his finger out a few weeks back I might have signed by now. But I now feel I dont want to. If I refuse to sign, what action can or will they probably try to take against me?

Peter:unsure:

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06 Feb 08 #13069 by Elle
Reply from Elle
Peter,
You can decline to sign at present moment on grounds u are unsure/need more time/etc.....i was put in your position in 2003....please take my advice on experience only......get more info/advice/support/assurance before u end up going down my route
Elle

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06 Feb 08 #13075 by peteringout
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Thanks Elle,

But can/will wifes laeyer stop me or her putting offer in on new property if I refuse to sign or delay it?

Peter

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06 Feb 08 #13079 by Elle
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Sorry Peter...dont know where my last post went!
You and wife have first rights on the property and need the heritable creditors permission.....dont be bullied into signing anything
Elle

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06 Feb 08 #13080 by peteringout
Reply from peteringout
Hi Elle,

You sent it as a personal message and I replied.

Peter

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