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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1075
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been separated from my husband few months

Resolved Question:

Hi,
I have been separated from my husband for a few months now, he has been living with his mum. I have means to pay him a lump sum which we have agreed, to buy him out of the house. How do I get a legally binding agreement by which he has no further financial claim on the house without starting divorce proceedings? I want this as soon as possible too??
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask is divorce contemplated shortly?
Kind Regards
Caroline
Customer: replied 1 year ago.
No, it's not something either of us are in a rush to do.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
If either yourself or your husband did to decide to divorce in the future then either of you could make a claim in respect of the matrimonial finances.
The most secure way to finality and certainty that no further claim could be made in the future would be to submit a Consent Order to the Court confirming what had been agreed - when applying for Decree Absolute in divorce proceedings. Once approved by the Court this would be legally binding.
As divorce is not yet contemplated my advice is that you consider incorporating what has been agreed within a Separation Agreement. Whilst this is not strictly binding on a family court Judge in later financial proceedings - Judges are ruling in line with such agreements if they consider it is fair to do so.
Please don't hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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