How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Just wanted to know if a legal agreement can be drawn up agreeing

Customer Question

Just wanted to know if a legal agreement can be drawn up agreeing to the % split of the family home following a divorce without having to go to court?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
You can reach any agreement that you wish between you - and have it recorded in an agreement or not as you please.
However if you wish to be certain that neither party can make a further claim in the future there has to be an Order sealed by the court
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Thank you very much for your reply! Just wandered if you could just give me a bit more info! My ex insisted on getting divorced without going through the courts and I have agreed to everything but he seems to be pushing the boundaries every time! He agreed to a certain percentage of the family home as he has other assets which I said I would not even consider but he is now wanting more from the family home than he initially agreed! I have told him that I will start court action for a clean break if he does not agree however I would prefer to get a legal agreement drawn between us so that this can be produced when the house does sell and that our sicitors know what percentage each will get! I'm only asking 5% above the starting point which I believe to be very reasonable considering everything else he's got! I'm still in the family home and he lives in another property he owns! Do you think that what I'm seeking is more than fair?
Expert:  Clare replied 2 years ago.
Hi
How long have you lived together and are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
How much is his other property worth, what other assets do you each have and what are your respective incomes?
Clare
Customer: replied 2 years ago.
We lived in the property together for 20 yrs! Children are grown up both over 20! House is worth approx £150k! 2 yrs left on endowment/repayment morgage! Possibly nothing extra to pay at moment! Not sure what his other assets as they are shared! Possibly £70k? He is living at this house with his partner! I do not share with anyone! Not sure of income and would not lime to disclose mine on this website as it is public!
Hope this helps?!
Expert:  Clare replied 2 years ago.
Hi
How much does a one bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.
Not sure as there aren't that many available! A two bed terraced could start at £60k and up to £89k or there about depending on the condition etc.
Expert:  Clare replied 2 years ago.
Hi
The starting point for division of ALL the assets - including his share of his new home is 50/50.
The fact that you have been the one to compromise her career to bring up the children and the fact that he is settled elsewhere means that it is likely that the court would in fact give you a larger share with anywhere between 60/40 and 65/35 possible - with your housing needs a priority.
You should offer to discuss this with your ex using Family mediation
www.familymediationhelpline.co.uk
where a written agreement can indeed be drawn up
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much for your reply! I will discuss this option with him!
Kind regards.
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare

Related Family Law Questions