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My wife and I are looking to separate and so far is as fair as possible
My wife is looking to stay in the house we own, to protect our investment can I stipulate in the separation agreement the following ?
1 . When our youngest child reaches 18 or finishes full time education (which ever soonest), the marital property is put on sale and equity is divided evenly. (she does agree 50/50 split which I will also stipulate) but will the separation agreement be sufficient here for this to actually happen ? what are the risks
The following is more tricky so any advice how to word it with sensitivity.
2. I also want to specify should my partner cohabitate with someone else for more than 3 days per week since the separation became active until point 1 above what can I do here in respect of the sale of the home.
3. Finally I suspect there is someone waiting in the wings, I also suspect is responsible for the break-up of the relationship, can I request a particular individual (Name) is not permitted into the marital home. ?
Are any or part of my requests above and beyond a separation agreement. I have a meeting with a solicitor planned next week, but a heads up would be good.
Hi there, welcome along.
What you are proposing is a good compromise and is much better than going to court as it will hopefully get you a much better outcome without the expence and stress.
With regards to protecting yourself and ensuring this all happens you will need to get it written into a legally binding agreement and have it all signed.
With regards to your ex having someone live with her, I guess the first question would be paying half of the mortgage and any insurance pollicies on it?
If the answer is yes then I guess you "could" ask that this condition be placed as you would be paying towards another person to live cheaply, however whether you are or not then think about relations with your ex and contact with your children and also the final out come of all of this. If you are able to gain an agreement that you end up with 50% of the total equity then you will be doing VERY well as in most cases you would see a much lower %
A much as it would be hard to see someone else living in your home if you aren't paying towards the mortgage then for all intense and puposes it isn't your home any more, when break ups happen it is always easy to get huing up on the here and now and not look past that and to the future, if you are able to be amicable between things it is always much easier. When things go sour it is very hard to get back on to good terms.
Darren
Thanks for your post.
I have agreed to pay child support 20% of my nett salary, the majority would be a standing order paying the mortage and live insurance policies any surplus over time would pay any additional bills.
We are in agreement on everything pretty much so as far as the agreement is concerned is that now done through a solicitor or are there other resources available.
Hi there,
Although the child support may cover the mortgage officially it wouldn't be classed as that, and how your ex spent it would be up to her, meaning if she wanted to claim you hadn't paid towards the mortgage she could and it wouldn't show you had.
This is a difficult one as if you are able to stay 100% amicable what you are proposing would work well, if you stipulate conditions on who comes and goes from the house, I can see it going sour as your ex will want to at somepoint move on with her life as you as you would want too.
You could attend mediation to discuss but you seem to be doing well on your own, so unless conversations break down I would say keep doing what your doing but then get it written up by a solicitor.
Darren
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