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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 995
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have been separated from my husband over a year,

Resolved Question:

I have been separated from my husband for just over a year, and wish to draw up an settlement agreement for us both to sign. We are on good talking terms and I was wondering if this has to be drawn up by a solicitor or can it be something that we write and both sign. Also does it need to be witnessed.
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. Please may I ask: - is divorce contemplated at this time? Kind Regards Caroline
Customer: replied 1 year ago.
No, we dont wish to have a divorce at this time, although there will be no reconciliation on my part. and my husband is aware of my feelings.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for clarifying that for me. The reason I asked is because the best way to secure finality in respect of the matrimonial finances is to submit a consent order to the court, confirming what has been agreed, when obtaining decree absolute in divorce proceedings. Once approved by the court it becomes legally binding and gives you the security that a future claim cannot be made. As divorce is not currently contemplated then you need to look at a separation agreement. This would set out what you have agreed. Please be aware that such agreements are not technically legally binding on a future family court judge. That being said - Judges are making orders in line with what has been agreed if the following has occurred: 1) it is considered fair2) full disclosure of all assets and liabilities has taken place3) both parties have had independent legal advice It is therefore best to have such an agreement drawn up by a solicitor if you want to it to be likely be approved by a family judge in the future. Let me know if I can help you further or clarify anything for you. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Customer: replied 1 year ago.
So what you are saying is that I can get an agreement drawn up by a solicitor for my husband and I to sign providing he agrees with it, but it will not be legally binding if he decides in a year or two that he wants some of my money.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello ***** when prepared by a solicitor are often by Deed, which means that they are intended to be legally binding. However a family court judge has a wide discretion when making an order in respect of the matrimonial finances so it is possible for a judge not to order in line with what was agreed. Its not fool proof, but if you both enter into a separation agreement knowing exactly what assets and liabilities you both have and you both have legal advice in respect of such an agreement then you are in the best stead for a family court judge ruling in line with the same in the future. let me know if I can help you further Kind Regards Caroline
Customer: replied 1 year ago.
as I cant see my husband getting any legal advise on the mater. I am afraid the courts would look on it unfavorably. I am guessing that although I don't really want to go down the divorce route it is the best way to settle this matter. I was hoping not to as although I don't wish to be with my husband i am trying to be as nice as i can about the whole thing and it will break him if i mention divorce.
How long would I have to wait before I could file for a divorce if I decide that that is a better route.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello You can instruct a solicitor to include a clause that your husband was informed that he should seek independent legal advice but he choose not too. I have known judges to be happy with this. You do need to make sure that the full disclosure of all assets and liabilities happens - this really is essential - as you both do need to enter any agreement aware of everything. A order in respect of the matrimonial finances through divorce does ensure finality - but if divorce is not for you right now - then do not be disheartened by a separation agreement - it is becoming common for judges to order in line with what has been agreed. I tell you the pitfalls because I want you to have the full picture. You should give consideration to family mediation - then can help you and your husband through the process of disclosure of all assets and liabilities and discussion about division - whether this be for an order or a separation agreement. In respect of petitioning for divorce - you have to have been married for at least a year before you can present a petition. If you both agree then you can petition after 2 years, otherwise if one doesn't agree - then its 5 years. The petition often referred to as the 'quickie divorce' is one based upon unreasonable behaviour. for this you need 6/7 reasons as to why you can no longer remain married. There is no time wait for this type of petition and can be used after one year of marriage. let me know if I can help you further Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you todya
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Customer: replied 1 year ago.
I think you have answered everything for now. Thank you
Expert:  ukfamilysolicitor replied 1 year ago.
If I can help you further - dont hesitate to ask Thank you for using Just Answer