Hi Claire - thanks for this. We intend to start proceedings within coming weeks. Yes, I would like the agreement for piece of mind to set out the terms of our settlement both for after the divorce as well as during the interim period of 4-5 months while waiting for decree absolute. My husband wants to continue living with me in our family home during the proceedings. I dont mind so long as things remain civilised and there are some ground rules. He is out of work for last 5 months after redundancy (though fully able to work and has good earning potential) so he will be supported through our joint savings and my income in this interim period. I would like to set in the agreement some ceiling amounts that he can spend in that time (as in the past he has spent our money on funding trips for him and the other woman). So, what is the best way to seal such an agreement quickly? For after the divorce, we have agreed how to split our assets. Roughly, 60% for me and 40% for him. Can we include that in the separation agreement too? Thanks for your advice.
The plan is that I keep it. There is a mortgage on it and some equity. Instead, he keeps a bigger share of our cash savings and his pension fund.
He would prefer to stay as easier, more comfortable then him going finding rented accommodation. The cost of renting will also reduce our joint savings and ultimately reduce a bit each of our shares. I have told him though that if living together becomes akward we would need to have him move out.
The financial settlement (consent order) will not be enforcable until after decree absolute, right? And the court wont even look at the consent order until decree nisi? So, how can we divide right now? And hence, should / can we have an agreement in the meantime? My original question above was also about the split not being 50/50 and whether the court will object / have questions if it is 60/40 for example. I have given a lot of information above and will be grateful for some answers.
Thanks, Claire. Would the fact that he is not working (capable /good earning potential) make me more vulnerable (in terms of paying him maintence or larger lump sum) should heo down that route? It seems a bit unfair for me to be penalized for being the one working. Should I mention in my petition relevant facts - him spending our joint money to fund travel and gifts for her, his intention to remarry, etc. Would that help me in case he goes down a route of not sticking to our current verbal understanding / agreement we have to about 60/40 split? Thanks.