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Clare, Solicitor
Category: Law
Satisfied Customers: 35065
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife has decided to desert the marital home. I am not in

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My wife has decided to desert the marital home. I am not in agreement with this and I have not asked her to leave but I seem to have little choice.We have come to an amicable agreement of finances and property and wish to not have to incur legal fees where possible, but can this be done without a legal separation or divorce action in place? Can we avoid a court order? Am I actually obliged to make any payments at this time as I am basically the wronged person? If not then how should I best proceed? I do not wish my wife to suffer financially and we both want a quick resolution of this matter.
Thank You
Malcolm Rothery

Thank you for your question

My name is Clare

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

What agreement has been reached?

Customer: replied 1 year ago.
We have sat down and decided that I will give my wife £90000 (raised by cashing in my occupational pension and from savings), the family car and items from the home as agreed. There is currently no time frame in place for this. I will keep the property, a 1 bed flat and items as agreed. We would like to sort this out ASAP so my question again is can we do this without a separation order and/or court order if we are both in agreement? I would assume any written agreement would have to be notarised by a solicitor - would a solicitor be best to write this up in legalese?Thank You

You can make any agreement that you wish - but the only way that it will protect you is if it is turned into a Court Order within divorce proceedings.

Anything less will mean that your ex can always make a further application

Depending on how long you have lived together anything less than a 50/50 share of the assets could leave you at risk.

I hope that this is of assistance - please ask if you need further details

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