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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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My wife and I are separating after 16 years of marriage. We

Customer Question

My wife and I are separating after 16 years of marriage. We have reached a reasonable and fair agreement on the division of assets. Can we create a binding agreement without beginning divorce proceedings (we are happy to wait as there was not adultery or unreasonable behaviour etc)? Alternatively if we begin divorce proceedings does the divorce judge have the power to rule against our agreement? Is it possible to not reveal all assets during a divorce?
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 certainly create a Separation Deed which can be turned into a Court Order when the time comes.If you have both had legal advice on the terms of the agreement then it is unlikely that the Court will go against it - but until there is a Court Order then it will not be enforceable and could potentially be changed by the court.However the Court will only intervene if it is patently obvious that the agreement is manifestly unfair to one partyThere does have to be full disclosure - even if only of overall figures - if the agreement is to be binding.Please ask if you need further details