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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Our marriage broke down nearly two years ago. We moved into

Resolved Question:

our marriage broke down nearly two years ago. We moved into separate bedrooms in the. We are now wanting to go our separate ways. There is one child of 12 involved. We have mutually agreed a financial package regarding splitting the assets, maintenance payments for the child and care of the child. Is there anyway we can get our agreement legally endorsed so there is no comeback at a later date. I don't think at the moment there is suitable grounds for divorce yet as we haven't actually lived apart yet for two years
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.You can have the details set out in a "Separation Agreement" which will also confirm the intention to divorce after two years and for the Financial Agreement to be turned into a Court OrderAlternatively you can agree to a divorce based on Adultery by one of you and have a Consent Order preparedI hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
is a separation agreement a legally binding contract
Customer: replied 1 year ago.
hello are you still there
Expert:  Clare replied 1 year ago.
My apologiesIt is not a Contract as such - but the family Court will follow it provided it is clearly a reasonable division of the assets and makes proper provision for any children.Clare
Customer: replied 1 year ago.
ok but what I want to know is that if this is done can it be changed without going to court, ie if we agree that I give my wife £70000 and then 6 months later she decides to ask for more, can she? or is a separation agreement set in stone
Expert:  Clare replied 1 year ago.
To be final and unchangeable there needs to be a court orderThere is nothing else that will achieve the same result I am afraid
Customer: replied 1 year ago.
and how do I get that
do we need to start divorce proceedings first
Expert:  Clare replied 1 year ago.
Yes I am afraid so
Customer: replied 1 year ago.
and that's called the consent order or is it called something else
Expert:  Clare replied 1 year ago.
Within the Divorce proceedings you can apply for a Financial Consent Order
Customer: replied 1 year ago.
and that has to be written up by a solicitor?
Customer: replied 1 year ago.
just one last thing on this, In April we have lived in separate bedrooms and lived independent lives but at the same address, is that enough to apply for two years separation or do we need to be at different addresses.
Customer: replied 1 year ago.
sorry meant two years apart for divorce
Customer: replied 1 year ago.
hello?
Customer: replied 1 year ago.
hello Clare are you still there
Expert:  Clare replied 1 year ago.
It does not HAVE to be written up by a solicitor but if you wish to make it as 'safe" as possible it should beLiving independent life's in the same property can be part of the two years separation - but it does complicate the application
Clare and other Family Law Specialists are ready to help you