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I find what the solicitors said, somewhat bizarre. You can agree whatever you like between you although, if the judge think it’s unfairly weighted in favour of one party, he may not simply rubberstamp consent order but may want a hearing to explain to any party he thinks is being disadvantaged, the ramifications of that.
He is correct that the marriage can void the deed of trust unless it was written in contemplation of marriage.
Tell the solicitor that you want to make the court application for a consent order on the grounds you have agreed and that you understand the judge may want a hearing for the reasons I explained earlier.
Can I clarify anything arising from this?
I am happy to answer specific questions arising from this?
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My name is ***** ***** I have been a solicitor for more than 30 years.
before commenting it is essential to know how long you have lived together and what the actual division of the house is.
We also need to know if there are chidlren involved.
This will enable me to judge whether or not the Court will make the Order - or whether the Judge will refuse to do so as the court is entitled to do.
In addition there is the simple fact that you and your wife can make any arrangements that you wish - unless there is a Pension Sharing Agreement involved then is no need for a court order at all.
The only purpose of the Order is to prevent the possibility of a future claim by the party who has the worst end of the deal
By all means ask a follow up - I shall do my best to help you
How long have you lived together in total?
If you and your ex are happy to abide by this then simple do it.
There is no need for a Court Order at all
A Court Order is only required where there is no agreement or you wish to guard against a future claim.
You can certainly sign an agreement confirming that you are both happy with the outcome and that you will apply for a divorce in due course - and then simply go your separate ways
There are various templates online including this one
Given that you are relying on the fact that you trust each other there is no reason not to use it
Yes you amend it as you wish - and it is simply for you each to keep a copy
You are most welcome I hope all goes well