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Legal matters

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Is there any way to separate finances whilst married?

6 replies

Ridingthegravytrain · 09/11/2019 13:33

If both parties are happy and in agreement is there any way to legally separate certain financial aspects of married property (in this case a home) using a solicitor so that it would not be viewed as jointly owned anymore?

OP posts:
Collaborate · 09/11/2019 14:45

For what purpose? To divorce later? For tax purposes? Too little information I'm afraid.

Ridingthegravytrain · 09/11/2019 15:04

In case if future separation

OP posts:
prh47bridge · 09/11/2019 18:56

You could get a post-nuptial agreement. However, it is not legally binding. The courts should take it into consideration but they don't have to follow it.

You both need independent legal advice and must be full disclosure of assets before the agreement is signed. Without this the agreement won't be upheld. Even with it, if the courts decide that the agreement is unfair they will overturn it.

Ridingthegravytrain · 09/11/2019 20:21

Thank you. We are planning on seeing a solicitor but like you said, all we could find online was post nuptial agreements and they are not legally binding.

OP posts:
Collaborate · 10/11/2019 00:18

Whilst it's not binding the court should follow it if done properly. It's quite a bit more than something taken in to consideration.

Aside from making sure the correct procedure is followed the main thing is that it's a fair deal.

SSc45 · 27/11/2019 23:14

You can file for judicial separation (£300 and something) and then have a consent order drawn up (maybe another £200 application fee plus solicitor fee) it is a bit costly but I'm going through a judicial separation at the moment with financial order (we can't agree though!)

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