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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am married with 3 children (17, 15 and 6 yrs) and have a

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Good afternoon,
I am married with 3 children (17, 15 and 6 yrs) and have a joint mortgage with my wife.
My wife has committed adultery and consequently ended our marriage. After discussing how best to separate she has suggested I pay her a sum of £11,000.00 (this sum is estimated at 50% property equity) and she will authorize her name to be removed from our mortgage account and property deeds and once monies have been received she will vacate the property with our youngest child. Our 2 eldest will remain with myself in the property.
I am happy with this proposal and would like to proceed.
My question is - Is this, being an amicable agreement between ourselves acceptable in accordance with Law and if so what should be put in place to protect myself from future recourse?
Kind regards, *****

Hi, thank you for your question. Unfortunately, as you are married, this agreement does not automatically end financial claims between you and it must be turned into a consent/court order which is approved by the court as being fair for both of you (and any minor children).

Turning this agreement into a court order is not straightforward and you would be best served to approach local solicitors to request their assistance with drafting and finalising a consent order alongside the divorce.

Furthermore, in all financial cases arising out of divorce it would likely be necessary for you to both give the other full and frank financial disclosure as there may be further matrimonial assets that you are entitled to consider or claim arising out of the marriage.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.,

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