Seperation agreement. Solicitor or not?
Discussion
Splitting from partner of 28 years.
Not married, no kids, mortgage paid off, house in joint names.
I’m remortgaging and staying in the house. She’s off to find her own way. Currently going through mortgage application and searches etc. We’ve agreed who is getting what and care of the dog etc. Do we need to get this down on paper through a solicitor or can we do it ourselves and both sign it and get it witnessed etc. If we can do it ourselves anyone point me in the right direction of anything decent on the net that they may have used theirselves recently. Any idea on what it should cost approximately if a solicitor draws something up.?
Not married, no kids, mortgage paid off, house in joint names.
I’m remortgaging and staying in the house. She’s off to find her own way. Currently going through mortgage application and searches etc. We’ve agreed who is getting what and care of the dog etc. Do we need to get this down on paper through a solicitor or can we do it ourselves and both sign it and get it witnessed etc. If we can do it ourselves anyone point me in the right direction of anything decent on the net that they may have used theirselves recently. Any idea on what it should cost approximately if a solicitor draws something up.?
I would be very tempted to get a solicitor involved if there are any pensions held etc, just to make sure that you cover all eventualities and any future changes of heart (you'll be amazed how things can change when friends stock their oar in and tell otherwise reasonable ex-partners what they're entitled to)
They don’t have any rights due to marriage but if the house was in joint names , she was contributing etc etc personally I would seek legal confirmation and get an agreement in place that says x was paid in full and final.
It stops later claims if actually I paid the the car so I want it etc.
If you properly set out the position in writing as opposed to getting the lawyer to drag it out of you it won’t be dear.
28 years is a long time !
It stops later claims if actually I paid the the car so I want it etc.
If you properly set out the position in writing as opposed to getting the lawyer to drag it out of you it won’t be dear.
28 years is a long time !
When I got divorced in Norway, 20 years ago, we agreed everything, law then requires a solicitor to act as an officer of the court, to ensure correct filing, and that you understand what you are doing, does a basic 'fairness' legality test, ensures the kids interest are protected all for a set fee. Why is the UK so backward.
Berw said:
When I got divorced in Norway, 20 years ago, we agreed everything, law then requires a solicitor to act as an officer of the court, to ensure correct filing, and that you understand what you are doing, does a basic 'fairness' legality test, ensures the kids interest are protected all for a set fee. Why is the UK so backward.
Its essentially same in the UK.However when one party is bat s
t crazy, it doesn't matter which country you are in, it gets messy and expensive.scorcher said:
Do we need to get this down on paper through a solicitor ..........
YES 100% (although, as already stated you will need two solicitors)No-one can see into the future and and this is your protection from potentially a lifetime of misery.
Things change, attitudes and expectations change, I'm sure you'll find plenty of people here who wish they'd done it 'properly' in the first place.
Apologies for thread hijack - what’s the worst that can happen?
A friend of mine is splitting up from his wife (of 20 years). Kids are grown up, she earns more than he does and is buying him out of the house. He’s resigned himself to the fact that she won’t change her mind and just wants it all done and dusted. It’s extremely unlikely that she will come after him for more money (even if he won a Euromillions Triple Rollover I dont think she’s the type).
So assuming he signs and returns the court papers without getting legal advice what’s the worst that can happen?
A friend of mine is splitting up from his wife (of 20 years). Kids are grown up, she earns more than he does and is buying him out of the house. He’s resigned himself to the fact that she won’t change her mind and just wants it all done and dusted. It’s extremely unlikely that she will come after him for more money (even if he won a Euromillions Triple Rollover I dont think she’s the type).
So assuming he signs and returns the court papers without getting legal advice what’s the worst that can happen?
CoolHands said:
Countdown said:
CoolHands said:
I think you will have to pay stamp duty again
The house has always been in her name. AIUI her parents paid for it.Countdown said:
....... I dont think she’s the type.
So assuming he signs and returns the court papers without getting legal advice what’s the worst that can happen?
You've just answered your own question!So assuming he signs and returns the court papers without getting legal advice what’s the worst that can happen?
When she shacks up with someone else who explains to her that if she claims half her ex's pension they can move into a much bigger house, she can quickly become 'the type'.
Do it all legal, it'll be the best money he's ever spent - even if only for piece of mind.
NGee said:
You've just answered your own question!
When she shacks up with someone else who explains to her that if she claims half her ex's pension they can move into a much bigger house, she can quickly become 'the type'.
Do it all legal, it'll be the best money he's ever spent - even if only for piece of mind.
I do understand where you're coming from. However he doesn't really have the cash to spare, she has made it clear she wants the paperwork signed as quickly as possible and, given the current disparity in income/wealth between the two I genuinely can't see her coming after him for more money.When she shacks up with someone else who explains to her that if she claims half her ex's pension they can move into a much bigger house, she can quickly become 'the type'.
Do it all legal, it'll be the best money he's ever spent - even if only for piece of mind.
Other than the risk of future financial claims from his soon-to-be Ex, is there any other potential issue that might come back to bite him in the bum?
He doesn't have a pension btw.
Countdown said:
I do understand where you're coming from. However he doesn't really have the cash to spare, she has made it clear she wants the paperwork signed as quickly as possible and, given the current disparity in income/wealth between the two I genuinely can't see her coming after him for more money.
Other than the risk of future financial claims from his soon-to-be Ex, is there any other potential issue that might come back to bite him in the bum?
He doesn't have a pension btw.
The bit I have highlighted in bold would be enough to set off alarm bells for me.Other than the risk of future financial claims from his soon-to-be Ex, is there any other potential issue that might come back to bite him in the bum?
He doesn't have a pension btw.
I sincerely hope I am wrong but it's not a risk i would be prepared to take.
scorcher said:
Don’t think I will as there’s no outstanding mortgage on and I’m only giving her 30k in cash for her half. The rest is made up of money she owes me and takes into consideration the overpayments I personally made on the mortgage. She is 100% happy with this. Even if I paid her the full amount it would less than 125k.
This comment is enough to raise a red flag. She may be 100% happy now, but that euphoria will wear off once she's spent the £30k, at which point she might consult a lawyer. Her share on paper is clearly worth a lot more than £30k, so the lawyer would attack the way the £30k was calculated.
There's potentially huge scope for arguing about what she `owes' you - for example, unless there is some written acknowledgement that she owes you the money she could claim that the loans were actually gifts and/or that she was coerced into the agreement, and that she's therefore entitled to the full 50%, or at least a lot more than £30k.
If it was a 50/50 split and there were no other joint assets then yes, you probably could get away without any formal agreement. There have been some comments implying that she could come after your pension, but this isn’t the case if you aren't married. But in a situation where she is, on paper, agreeing to take a lot less than she's entitled to you need to get it in writing and it shouldn't be signed unless she's taken independent legal advice, or at least been advised in writing to do so.
You don’t need separate lawyers initially though. One lawyer can prepare the agreement on the basis of joint instructions, and then one of you would have to be advised to seek independent advice before signing it off.
Make sure the agreement also covers claims against your estate, as if you were to die she would have a potential claim.
I’d expect to be looking at a bill of maybe £500 - £1,000 + VAT outside London.
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