Has anyone done a property-only separation agreement before divorce?

[MarmadukeM]

Just wondering if anyone did a separation agreement for property only and delayed the divorce/pension splitting/consent order.
basically he wants to buy me out and I want to get my own place asap so we have had a mediation meeting and they said we can pay £1500 for them to draw up an order that will outline what we do with our property. We then get it signed off by solicitor and theoretically I can take my equity and move on.
they said it would be turned around in approx 2 weeks - anyone done this? Seems quick (and I hope it is as I don’t want to continue to cohabit!)

As long as you both agree and lender passes affordability then the turnaround can be fast.

Fab - thanks xx yes we are in agreement so he has mortgage meeting Thursday and we plan to file the documentation Friday for the agreement 👍

In that case sounds like its a done deal!!! Congrats xxx, Happy for you!! you come across that you cant wait haha xxx

Haha yeah I can’t bloody wait

Best decision ive ever done!!! nearly a year now, feel alive and free haha xxx

Do you know the values of all other assets? Gave you agreed the split of those? If not how do you know how to split the property ?

if you’re aware of and agree the other pieces that’s one thing, if not then I’d say don’t proceed with splitting property until then. Also you run the risk that even though you’ve split prices if house the other items could still be up for grabs meaning possibly the houses are still up for consideration

both houses remain in the pot until a final order is agreed and ratified

so it depends on what there is and whether you think there’s a risk the other party will renagade on anything agreed

Yes we have agreed the split of the pension, there are no other assets. We are working on 40%/60% split in his favour. My new home will be worth £105,000 and our current home that he will keep is worth in region of £340,000. I will be taken off the mortgage etc and it will be written into the agreement that our properties are not to form part of any settlement.

As long as you’re ok with it
the agreement won’t be legally binding until the consent order is ratified. As long as you’re aware of that

Yeah that’s what I understand. Just can’t wait over a year living in same house till the pension CETV comes through so there’s going to have to be an element of trust 😖

But you don't really move on because until you do have a financial order, you can still claim a stake on each other's properties and other assets, regardless of what you've agreed at this point in regards to the equity.

Also, £1,500 is an absolute rip off. Unless it includes the consent order AND legal advice.

I will be taken off the mortgage etc and it will be written into the agreement that our properties are not to form part of any settlement
Just noticed that. All very well but a judge could decide otherwise with a finance order, if your needs indicates that the agreement is not fair and reasonable.

We sold, split the proceeds and bought new houses before divorcing legally, the final pension split was years later. You don’t actually need anyone to draw it up as long as you’re both on the same page and honest. If this is in doubt at all, file for the divorce online, takes on a few minutes because there’s a mandatory waiting period, then you can file for the financial order in a few months

Btw judges rarely question your consent order unless they have reason to believe that there’s a power imbalance for instance, as long as you both have needs taken care of this won’t be an issue