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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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Morning my husband and I are getting a divorce we have a few

Resolved Question:

Morning my husband and I are getting a divorce we have a few properties some in my name some in his and one joint we have come to an amicable agreement can we put it in writing signed and witnessed by 3rd party or does it all have to be done by a solicitor
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Unfortunately that will not be an effective financial settlement between you and your husband.
You will need to prepare a formal consent order outlining the agreement, both of you need to complete a form D81 which needs to be submitted to the court for approval. It is best for a solicitor to prepare the consent order as it can be complicated.
No matter what the agreement is, this will only become binding once a judge has considered it, as well as the disclosure of your assets in form D81. The judge will need to ensure that the settlement is reasonable and takes into account your needs, your husband's needs and the needs of any children.
You will also need the Decree Nisi issued before submitting the above to court.
Please let me know if you have any further questions regarding this.
Expert:  Clare replied 1 year ago.
HiThank you for your questionI have been a family lawyer for more than 30 years and I will do my best to help you.You are certainly able to produce a document confirming the agreement that you have reached and sign it in the presence of a Witness.It will not necessarily be enforceable in the event of a dispute when you get to the stage of seeking a Financial Order BUT it will be evidence of the agreement and the person challenging it will then have to justify the change of mind.If there is likely to be a delay in the divorce itself then you can instead have a Separation Agreement drawn up setting out the financial agreement to be turned into a Court Order at a later date.This is better done it is important that you can show that you both accessed legal advicePlease ask if you need further details
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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