Legally binding document

[ChipIn]

H and I are in the process of separating. It was a mutual decision and quite amicable at the moment. I haven't moved out yet but am looking for somewhere. We have a joint mortgage and will share the care of DD, all of which we have agreed upon verbally but are conscious we should get it done formally, in case things go bad later on. H is also flipping backwards and forwards about helping me pay for a new car, which I think he should considering I've paid for half of his car and mine seriously needs an upgrade.

My question is - what makes a document legally binding? We're hoping to avoid using lawyers and as things are ok at the moment we think we can agree on what we need to.

TIA.

Watching with interest as STBXH flaunts the terms of our agreement on a regular basis and according to my solicitor he can do this with no repercussions, So I'm also looking to make things legally binding.

Sorry I'm of no actual help though Chipin!

Movin, could your solicitor not advise you on what you need to do in your situation? How have you agreed so far?

You can get divorced and get a consent order setting out what you have agreed on the finances.

Alternatively you can get a separation agreement. The courts are unlikely to interfere with a separation agreement provided it is fair, there has been full financial disclosure and you have both received independent legal advice. If the separation agreement meets these criteria it could form the basis of the consent order when you divorce.

Thanks prh47 will look into that. We're in Western Australia, I should have mentioned in my post, so will see if we can do that here.

I was hoping we could create our own document which we both sign and that would be enough, but it might need to be a bit more formal than that.

Nothing is legally binding forever. At any point someone can request a change.

My advice relates to the UK. The rules in Western Australia may well be different. You are unlikely to get relevant advice here - most posters are UK based. Sorry.

I feel like a drip feeder but I didn't think to mention at first, but we are both British and were married in the uk. Perhaps that means the terms of the separation are as per uk law?? I've a feeling we may need proper representation despite it being amicable.

No, you will be divorced under Australian law.

Take proper advice from a solicitor. In WA.

If you write and both sign a document, then you can decide that is legally binding. However, that term is kind of meaningless, as the only way you'll know for certain is if one of you break it, and the other challenges in court. It's at that point you'd probably wish a solicitor had drafted it (using the kind statements that mean something in law and aren't open to interpretation )

From experience of reading these boards, things are often amicable until one party feels hard done by. Then they aren't amicable anymore. Often the woman ends up with less than she is entitled to for a quiet life.

The fact your DH is already being a bit flaky about agreement for you to have a car is a small warning bell that things may get less amicable when it starts to hurt him in the wallet. Also why are you moving out and not him? Who is going to get the benefit of your property? Any increase in equity?

Seriously - see a solicitor. You don't need to tell your STBXH you've done it. But I think there is a load of stuff you haven't covered.

If you write and both sign a document, then you can decide that is legally binding. However, that term is kind of meaningless, as the only way you'll know for certain is if one of you break it, and the other challenges in court. It's at that point you'd probably wish a solicitor had drafted it (using the kind statements that mean something in law and aren't open to interpretation )

You can’t simply decide it’s legally binding. That’s basic stuff. The only way you’ll know for sure is by taking advice from a lawyer in your legal jurisdiction.

Thanks all. I'll have to see a professional I think.

Anna I'm moving out because our house is on large grounds and I couldn't manage the maintenance myself. I'll continue to own the property and we'll both pay the mortgage, he'll pay slightly more as he's living there so it's kind of like he's paying rent. 50/50 once it's sold.
I don't think I'll end up with less than I'm entitled to though - we don't have much except the property so there isn't much for us to split. Joint owners so I'm legally entitled to half, no matter how much I pay. It's only the car where I'd miss out, but like you say for a quiet life I'd take a $5k hit (not looking for anything fancy!)