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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 842
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am seperating from my wife. We are going to sell our home

Resolved Question:

I am seperating from my wife. We are going to sell our home and split everything 50/50 mutually agered on this. Can I get some sort of legally binding document to say she is not entiteled to any of my future earnings etc. We have no children or depedants. We have both worked throughout our marrige and she has not been financially dependant on me however I do earn more money than her and have paid more into the morgtage.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am glad to hear that you and your wife are able to communicate in respect of the division of the matrimonial home. I have to make you aware that the division of matrimonial assets upon divorce not only includes the matrimonial home but all the assets of both of you including pensions.
You have stated that you have a larger earning capacity then your wife and it is therefore a possibility that your wife could seek spousal maintenance.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your wife need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly. If it is agreed that spousal maintenance will not be paid then it should be included in this consent order.
A Solicitor can help you draft the Consent Order to protect your position for the future. This should only cost circa £300 - £400.
Kind Regards
Caroline
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