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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 846
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am separating from my husband which is amicable we have agreed

Resolved Question:

I am separating from my husband which is amicable we have agreed I will b keeping the house we own we are on full agreement on who gets what. Can we have a legal document written up so neither one of us can back out on what we have agreed upon ? We don't want to be spending money on lawyers fees if it's not necessary all though we understand we will need lawyers for the transfer of our home.
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 both yourself and your husband have agreed in respect of the division of the matrimonial finances.
It is very important that you instruct a Solicitor to represent one of you to draw up a consent order to confirm the agreement you have reached. A task such as this should cost circa £300 - £400.
This is really money well spent.
The consent order should be submitted to the court for its approval at the same time as submitting your application for Decree Absolute. The Court Fee is £50. Once the Court has officially sealed and approved the order (stamped it) then it is legally binding.
You should do divide any assets especially sale proceeds from a property until you have a sealed order. If you do distribute before the order is approved by the court then it is not legally binding and the other party could ask for more.
Consent orders need to be drafted correctly to protect your position for the future. It does therefore remain my advice that you get this done professionally.
You will also both need to complete The Statement of Information Form and submit the completed form with your consent order for approval to the Court. This is Form D81.
Kind Regards
Caroline
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