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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1157
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife and I have decided to divorce amicably but are

Resolved Question:

Hi. My wife and I have decided to divorce amicably but are waiting for our son to settle down in the Uni before progressing. We have agreed the financial numbers. I would prefer to document such financial agreement in something like a post-nuptial agreement
which is later on accepted by the divorce court without further debate into our finances. As I am a non-dom on remittance basis, I do not wish to declare my overseas assets in the UK for now (which is ok by tax-law so thats legal). Does such a post-nuptial
agreement hold in divorce as final settlement? Do I still need to declare all assets to divorce court in proceedings? Does such an agreement need to be drafted and agreed by lawyers of both sides? Whats the best way to achieve this objective? Thanks.
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
You need to look at a Separation Agreement.
Separation Agreements are not legally binding, per se, however, courts are becoming more willing to consider the terms of a separation agreement when it comes to divorce proceedings later on.
Broadly the court is likely to follow the Separation Agreement, if it was entered into by both parties:
1) With the benefit of legal advice
2) After the exchange of full and frank financial disclosure
3)There has been no significant change of circumstances, which would render the agreement unfair.
If you were to later divorce and submit to the court a consent order in respect of the matrimonial finances, in the terms of the Separation Agreement - the court would still require you to complete the Statement of Information Form - which requires you to declare all of your assets.
Kind Regards
Positive feedback is gratefully received
Customer: replied 2 years ago.
Thanks. Thats very clear. In that case, I guess its best to just go straight for divorce proceedings as we expect to do that in the next few months? My wife already has a friend-lawyer who I am also happy to use to save costs (she is not charging anything and is happy to help) is thats appropriate. Would you recommend a separate lawyer for myself? why? thanks.
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
It isn't really appropriate to instruct the same solicitor in this type of matter - even if the work is done for free and you are both currently in agreement. A conflict could easily arise during the process.
The first step to resolving the issue of matrimonial finances is to refer the matter to mediation. Lawyers aren't involved at this stage. Mediation can help you through disclosure and also trying to agree a settlement.
If a settlement can be reached - then a solicitor would need to draft a consent order. By all means you can let your wife's solicitor take the lead and draft this order - but you should instruct your own solicitor to check through the order for you to check it is in your interest. This should only cost about £300.
Kind Regards
Caroline
Customer: replied 2 years ago.
CarolineThanks. Thats clear. We have already agreed the numbers so assume we dont need to go through a formal mediation process as you suggest and go straight for the consent order you mention?Regards
Expert:  ukfamilysolicitor replied 2 years ago.
Yes you can do - just be aware that a court doesn't have to approve a consent order if it doesn't consider its fair.
Kind Regards
Caroline
Customer: replied 2 years ago.
Thanks Caroline. is their a legal firm you would recommend for me? I am based in SE London but am in central London often. I am happy to do this on phone/email too as I expect a amicable divorce.
Expert:  ukfamilysolicitor replied 2 years ago.
I'm based up north so not overtly familiar with the firms in your area.
This search will help you:
http://solicitors.lawsociety.org.uk
Kind Regards
Caroline
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
thanks Caroline. You have been very helpful.