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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I have a separation agreement with ex which has worked well.

Customer Question

Hi, I have a separation agreement with ex which has worked well. Separated over 4 years I know want to get divorced.... will that agreement be honoured in court.... I'm living in marital home till kids 18.
I also have inherited some money cash and half mums property asset but won't be sold as brother not selling... will he now claim this ... mum said this is my dads money who died young. passed to me only... he may not claim as he is only child and his parents own large house...
I may use this money / assets try to buy him out of marital home as I don't think I'll ever get my own mortgage on such a low wage (part timer)
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Did you both have separate legal advice at the time the agreement was made?

What are the terms of the agreement with regard to financial issues

Customer: replied 8 months ago.
Hi, no we made agreement between us it is writtten like a legal document with witnesses and I had a solicitor look over it at the time and they said it was a good deal... Married since 1998. 3 children... agreement officially started 1 May 2013.... he pays child maintenance monthly... joint custody of kids but they stay with me during week and him at weekends as this is routine whilst together as he worked away... I stay in home until children have left, or either wants to sell, or cohabits marries... our pensions remain our own...
Expert:  Clare replied 8 months ago.

What happens when the house is sold/

Customer: replied 8 months ago.
34;If any of above clauses are activated the property will be placed for sale and following any sale the remaining equity (following deduction of costs) will be divided in shares to be agreed but with a minimum share of 50% to the wife...".We agreed to pay 50% each of mortgage costs until house is sold or mortgage is paid off.... he pays me and I pay mortgage out of my account..... which is happening...
Expert:  Clare replied 8 months ago.

What is the value of the equity - and what income do you each have?

Customer: replied 8 months ago.
163;110,000. He has a 70k job I think I don't know.... I earn 8k part time
Expert:  Clare replied 8 months ago.

Do you have a new partner at all - and how much have you inherited?

Customer: replied 8 months ago.
35k and half a house 75 k ish joint with brother... I have a partner but not serious he has own house ... hasn't moved in..
Expert:  Clare replied 8 months ago.

Ok just for clarity - how recently did your father die?

Customer: replied 8 months ago.
Would it be possible to ask me all the questions in one go... as I don't have easy access to internet .... I'm also not sure how that question is relevant....
Expert:  Clare replied 8 months ago.

I am sorry - sometimes the answers to one question lead to a different possible option that needs more information - in this forum it can be difficult to follow through I am afraid

It is relevant to the issue of the approach that the court will take if there is a dispute

Customer: replied 8 months ago.
I don't think there will be a dispute .
Expert:  Clare replied 8 months ago.

You asked what the position would be if your ex went back on the agreement that you have made - in that context I am afraid that when you father dies (month and year) is relevant

I apologise if i have not adequately understood the question - please let me know what it is that you wish to know

Customer: replied 8 months ago.
re dad the answer is in my opening para.. and is nor relevant ....The question is..... can I get divorced on my current separation agreement as it's been working well for 4 years.... 3 days later i still have no answer.. I want my money back...