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TOPIC: seperation, financial/legal aspects pre divorce

seperation, financial/legal aspects pre divorce 6 years 5 months ago #19093

Hi everyone,

My wife and I are seperating, we are currently both living in the marital home. We have come to a verbal agreement that if i pay her £xx000 I can buy her out of the marital (mortgaged) home. We have also pretty much agreed on the division of marital assets (furniture/cars/household goods). We have also agreed that I pay child maintenance at the cm options rate.

However.........

I am concerned (for both of us) that this verbal agreement is "not worth the paper it is written on" and in a year or two years time when we divorce, the goalposts will move.

I have suggested we draft a speration agreement which we pass to our respective solicitors who then thrash out the agreement.

Does this sound like a sensible course of events? This would be under Scots law (which would not be too different to English law)

Any comments or suggestions on this course of events would be appreciated

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Re: seperation, financial/legal aspects pre divorce 6 years 5 months ago #19094

  • actd
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I would say that it would be part of the divorce settlement. If you are both happy with the agreement, then tell your respective solicitors that you are happy with the agreement and don't wish to alter, otherwise they may decide that each of you can do a bit better, and the only winners will be them in increased fees.

My first divorce (I've had 2) cost us 50 pounds - we agreed everything in advance and then simply asked a solicitor to submit the papers. Still get on extremely well with my first ex. Can't say the same about my second.

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Re: seperation, financial/legal aspects pre divorce 6 years 5 months ago #19096

  • Nannyjane
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Hi there

When you start divorce proceedings you can submit with it whats called a Clean Break Consent Order. This ends all claims the parties may have against each other on alll financial matters, except child maintenance, and aims to make the parties financially independent.

Another member on here asked about this order earlier today, thats how I know about it. It might be what is required, although I dont know if it exists in Scotland. Its worth googling it and finding out more, or you could ask your solicitor about it.

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