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: 34706
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

Our marriage broke down nearly two years ago. We moved into

This answer was rated:

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
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 2 years ago.
is a separation agreement a legally binding contract
Customer: replied 2 years ago.
hello are you still there
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 2 years 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
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 2 years ago.
and how do I get that
do we need to start divorce proceedings first
Yes I am afraid so
Customer: replied 2 years ago.
and that's called the consent order or is it called something else
Within the Divorce proceedings you can apply for a Financial Consent Order
Customer: replied 2 years ago.
and that has to be written up by a solicitor?
Customer: replied 2 years 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 2 years ago.
sorry meant two years apart for divorce
Customer: replied 2 years ago.
hello?
Customer: replied 2 years ago.
hello Clare are you still there
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