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Separation agreement and divorce

(8 Posts)
TheEndIsInSight Sun 28-Dec-14 11:11:09

Started filling out my divorce petition (this is a VERY good thing). Keen to avoid lawyers, he is as well. Wants to draw up a separation agreement to include financial matters, such as pension sharing. My question is does this negate the need for a financial order in the divorce? It's all very amicable and the wish is to keep it that way.

millymollymoomoo Sun 28-Dec-14 18:39:16

You can agree and draw up your own divisions but you will still need a financial consent order ratified/signed off by court. It really is worth doing this to save off potential issues down the line. If you can show that fair division gas been made then its likely to go through no problems. I think the only times when there could be problem s is if one party is getting the lions share and the other has not had legal representation and similar

millymollymoomoo Sun 28-Dec-14 18:41:11

And I would advise you do seek legal advice to draw it up. However if you and ex can remain amicable costs don't need to rise

Cabrinha Sun 28-Dec-14 21:11:18

I don't think you can get a Pension Sharing Order, unless through the court, with your Consent Order.

TheEndIsInSight Tue 30-Dec-14 08:49:49

Thank you. I'm in a bit of a mental whirlpool at the moment. I just want to get this over and done with asap! I'm not certain about pension sharing as I'm under 30 so its a long time off, but I gave up work to look after our child.

millymollymoomoo Tue 30-Dec-14 11:41:37

I think it highly unlikely you would be awarded any pension sharing based on age and length of marriage. Bear in mind your entitlement will only be based on the value accrued during the time of marriage which I'm guessing is not huge. You have a whole working life to accrue your own. Mist likely offset this with slightly higher value if other assets. You need to think about housing for you and child, how to support yourself and pay your own way, value of child maintenance, and importantly child access arrangements. It's unlikely you would be awarded spousal maintenance for anything longer than an interim period (eg to allow for you to fi d work etc). Of course, none of this negates the need for legal advice but you do need the consent order signed off by court.....do not overlook this

FlowerFairy2014 Tue 30-Dec-14 15:10:14

The answer is a definite no.

The separation agreement must be put into the form of a consent order and sealed by the court after decree nisi before absolute ideally.

You do not ned solicitors to draw up a draft consent order and have a short hearing for the judge to accept and seal it and then the finances are final.

If in England you just have your own separation agreement then 4 years' later if you win the lottery or he gets a pay rise or your parents leave you a fortune the other spouse can come after that money. Am assuming here you are going for a "clean break" with no maintenance paid to either spouse after the divorce, just payments for children and that you are both very clean it is such a final and clean break and cannot be altered later.

STIDW Wed 31-Dec-14 00:40:35

In England & Wales a separation agreement doesn't negate the need for a final financial order.I don't think it's advisable to avoid lawyers altogether because all to often it is a false economy and people leave themselves significantly disadvantaged. Most people, unless they are a family lawyer will require a family solicitor to draft separation agreements and consent orders. There are lists of precedents floating around but without the training, knowledge and experience there are too many pitfalls to do it yourself.

Separation agreements aren't legally binding or enforceable. However when there is full disclosure, both parties take independent legal advise and the agreement is "fair" (complies with the law) a separation agreement carries significant weight. Should there be problems later a court can make an order in similar terms as the Separation Agreement. The advantage is the finances can be agreed and separated as much as possible. Two years later when emotions aren't running so high you can divorce using separation as a reason rather than one party alleging adultery or unreasonable behaviour.

The disadvantages are one spouse may change their mind and refuse consent to divorce after two years, a separation agreement can always be subject to review particularly if there is a change of the law and there are fees involved in both drafting the separation agreement and a final Consent Order in the same terms. Having said that the costs are insignificant when compared to court costs if the situation becomes inflamed because of disputes about allegations and counter allegations.

It's different in Scotland.

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