Separation Agreement

We have agreed that we will just separate and not get divorced until we can afford it. The house is up for sale and we will split proceeds 50/50 after we have paid the bills. We plan to rent two houses in town and I want shared custody of the kids.

Can anyone help me with what else needs to be in the agreement and maybe some wording?

Once we have agreed the wording we will get a solicitor each to write it up in legal eagle speak!

Advise welcome

SuperMario wrote:

We have agreed that we will just separate and not get divorced until we can afford it.
Advise welcome

Hiya

How have you calculated that you will save mney ?

Separation Agreements are difficult to enforce if one party doesn't feel like sticking to it - I have experience of it believe me !

Unless you believe you may get back together or feel that your children would benefit emotionally from you not being divorced then I would strongly suggest that you get divorced. It needen't be expensive if you are agreeable and you sound as though you are.

HTH

poppy

Hi there

If you are going to get it drafted just write it in plain simple English, and write out a schedule of your assets and liabilities.

Amanda

Are there any pensions to be considered, sometimes these can be a bigger asset than the house.

Thanks DL

Is there a guide on this site to drafting one?

Regards

Poppy

If we go for the separation for now, we can get divorced in a few years whcih I understand would be uncontested?

At the moment we would have a lump sum each, but if we divorce now we could drop £10k each.

It is her suggestion to do this and I have agreed.

I would be interested to hear more about your story?

Regards

Hiya

You can get an uncontested divorce now - you agree to unreasonable behaviour of some sort - others will give good examples - something like not doing your share of the washing up I believe.

"but if we divorce now we could drop £10k each" don't understand this - do you mean in solicitors fees ? It won't be cheaper in a few years time.

A separation agreement is not watertight, it can be challenged when you come to divorce. If either of you change your mind and decide you want a different split (- you may win the pools, inherit some money, be made redundant, meet a new partner with young children, have more children yourself, get sick/disabled etc) a judge will look at the circumstances at the time of divorce and decide if the agreement is fair and reasonable then.

My own separation agreement was properly drawn up 4 years ago but stbx is challenging it as he says it was 'unfair' to him. The process is slow and if I was not self repping would be expensive too. The judge has after a year ordered that stbx cannot deny the agreement existed but I am still having to go through the ancillary process in court where the judge will decide "what weight should be attached to the agreement" in terms of our financial split now.

HTH

poppy