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Using a separation agreement for divorce(3 Posts)
Having separated in 2009, we had a separation agreement drawn up (Declaration of Trust) in 2010 before our eventual divorce in 2012. We were lucky enough to have two properties of equal value so my ex moved into one when the tenants left. The separation agreement stated that this property was to become his and the family home we had shared was to become mine. Both names were on both mortgages but neither lender would let us take the other partner off the mortgage. He sold his house shortly after, I signed to say I had no right to any of the proceeds. Years later I am now selling my house and he is refusing to sign a similar letter, implying that the divorce split was unfair and he's entitled to more.
The separation agreement was included to detail the financial arrangements in 2012 he was still happy with but having just received the Degree Nisi and Absolute, there is nothing on paper to show that the separation agreement (not entirely legally watertight, more a sign of intention) was taken into consideration for the determination.
Having amicably sorted things then, we did a DIY divorce and I wonder if we should have applied for a Financial Order at the end??? Or are they just if couples are in dispute?
The main question is, what to do now as I wish to sell the house?
Am no expert so would advise seeing a solicitor to talk through this.
Yes, you should have got an order made when you divorced.
See a family solicitor now, to get that done.
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