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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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myself and my wife are planning to get divorced in the near

Resolved Question:

myself and my wife are planning to get divorced in the near future she is planing to move out next week and i am golng to give her some funds to rent a house.she has stated that she is happy to make no claim on my house when we get divorced if i will give her the funds for the rented house (about 2000)I am happy to do this but can i obtain a legaly binding document stating stating this fact.NO children and only been married two years........This is taking a long time cant you just print one off!!!!.....How long does it take to get an answer for gods sake

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
How long have you actually lived together (as opposed to being married)
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

hi Clare we have lived together 3 years,my house is worth about £250.000 £40k left on the mortgage.We have no joint assets or debts.I have an income of around 45k i have no idea what income she has!!

l should have said there are no other debts or assets as apposed to joint

Expert:  Clare replied 2 years ago.
Hi
Has your ex taken legal advice?
Clare
Customer: replied 2 years ago.

no....but i presume she would need to do so

Expert:  Clare replied 2 years ago.
Hi
I am afraid that there is nothing that you can get her to sign that will be 100% binding.
The closest you can get is a Separation Agreement setting out the financial terms that you have agreed and which will then be turned into a Final Clean break Order within the eventual Divorce Proceedings.
However you need to be aware of two things.
Once she does have legal advice she will be told that whilst the short length of your relationship doe snot entitle her to half the equity or anything close she would be entitled to more than £2000.
Also even if she sticks to the agreement when the time comes the Judge can refuse to make the Clean Break Order if the Judge does not believe it is fair
This is not necessarily a disaster assuming your ex is a woman of her word
Please ask if you need further details
Clare
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