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Separation agreement

  • Rob Anthony
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16 Aug 12 #349918 by Rob Anthony
Topic started by Rob Anthony
Any help appreciated!
My wife and I are no longer living together and divorce is 99.9% certain. If we agree to a Separation Agreement now regarding our assets and finances, is it worth getting a Consent Order approved after applying for divorce? Will the consent order give me more protection than the separation agreement? And if a separation agreement is in place, is there a set time when the transfer of funds/ownership takes place - at the time of signing, the time of divorce, or is a date set in the separation agreement?
Kind regards

  • cookie2
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16 Aug 12 #349921 by cookie2
Reply from cookie2
Yes when you get a divorce you need to get a consent order. This means that putting time and effort into getting a separation agreement is usually a waste. You might as well just divorce and get a consent order.

  • dukey
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16 Aug 12 #349922 by dukey
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If you don`t divorce then have a separation agreement, not as solid as a consent order.

If you do divorce then the consent order is a must have, in fact its probably the most important document.

If your not sure have something rather than nothing, so a separation agreement, if later you do decide to divorce the SA can be used as the basis of the CO.

The main difference between the two is a CO dismisses future claims an SA cannot.

  • Divorce_Lawyer_UK
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16 Aug 12 #349950 by Divorce_Lawyer_UK
Reply from Divorce_Lawyer_UK
Both Dukey and Cookie are correct. A Separation Agreement is a contract but does not get approved or Sealed by a Court in the same way as a Consent Order does.

The Consent Order provides you with a court approved binding agreement. That is not to say a Separation Agreement is not binding - it is but under contract law rather than Matrimonial Law.

As with Pre-Nuptial Agreements, a Separation Agreement can be brought to the Court''s attention during divorce proceedings and can be persuasive as a factor that the court must consider.

Again though it will depend on the circumstances of the case and any defining issues which have taken place since the Separation Agreement was entered into.

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