Is my separation agreement void?

[PenelopeLongbottom]

Hi, first post and it's going to be a long one...

Husband and I have been together 18 years, married for 14, 3 kids (10, 8 and 5). We're in Scotland.

We separated September 2021 and had a agreement drawn up with a solicitor (I didn't seek my own legal advice).
I got money from savings, and it was agreed that he would buy me out of our home once he had money from a property he inherited when his dad passed in 2018, so my name was taken off the mortgage and the house transferred unto only his name, detailed in the agreement. I moved out into a rented house with the kids.

Then in March 2022 6 months later, the kids and I all caught covid one after the other and the easiest option was to move back in with him for school runs etc.
In the 4 weeks I had to isolate, we ended up agreeing to try again. Me and the kids moved back in properly in September 2022. It never got to the point of him buying me out.

So now a year later, its just not working, we have separated again and it's definately headed for divorce this time (caught him in a hotel room with someone from work at the weekend, but that's a whole other story)
I've been sleeping in the spare room for the last 6 weeks after some pretty nasty things were said to me when he was drunk.

We never did anything about the separation agreement, didn't think we'd end up here again.
Would it be void since we've been back together for 18months? There is some wording in there mentioning 'notwithstanding a period of reconciliation of 6 months' but I don't understand the legal speak. I'm seeing a solicitor on Tuesday to go over things with me, he's already seen one but won't tell me what they've said.

You definitely need to speak to your own solicitor. In some circumstances inheritances are considered marital assets.

Jesus Christ woman, if that separation agreement you signed is the separation of assets you have already handed him the full ownership of the house. He can drag the sale of the other house or rent it for 100 years and you will never see any money!

Book an appointment with a solicitor yesterday. You may or may not be able to recover your part of the house but hopefully there may be something you can do in the name of protecting your kids’ best interests and welfare.

Whatever you do, whatever he says, do NOT move out of the former/current marital home until you have seen a solicitor for proper advice as most advice you will hear in Mumsnet for divorce procedures is very well intentioned but often coming from people who have a good very good sense of fairness but not a fucking clue of how family courts work. (I have some experience of divorce proceedings in court but I may be talking shite as well)

You can also ask mumsnet to move this thread to the legal topic as sometimes mumsnet users who are solicitors often check those trades, but either way, book that solicitor appointment as soon as the offices open.

Oh god, this had really scared me now.

The only reasons I didn't get legal advice last time is because I couldn't afford it since I was moving out with 3 kids, and he kept saying oh this is fair, I'm not trying to stiff you on anything.

Im not trying to tear him a new one, I just want to make sure me and the kids are done right by. I'll never get a mortgage as its virtually impossible for me to get a full time job

I can't get to see my solicitor until Tuesday, she's out of the office until then.

Relax you are married. It doesn’t matter whose name is on mortgages and deeds. I would say the separation agreement is void.

Presumably he now has his inheritance. Meaning there is no need to delay things. Just move to agreeing a financial settlement that splits things according to Scottish law. Which won’t be the same as in England.

Agree with lemon

why is it virtually impossible for you to work full time ?

You are protected financially if you are married but not necessarily if you signed off a separation of assets agreement after separation. (mine was signed off a long time before divorce, which meant that although still married, I was forced to put the house for sale or buy him out.

Please talk to a solicitor asap, if you can’t afford one, and gave a school of law near you, they may have law clinics where the students can give you advice for free under the supervision of their tutors.