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Financial agreement before divorce

2 replies

helloyello1 · 05/02/2024 21:55

Can I get a legal binding financial agreement before divorce is finalised?

We jumped into divorce head first, it was lovely and amicable and all was well, until it went horribly wrong!

Husband is spiralling under the pressure and cannot cope. The house is sold but the assets will need to be divided before the we can apply for the financial order. I worry about his ability to complete on the house and I worry that he'll back track on the agreement we made.

Is there any way of agreeing the next steps if the house sale fails and splitting the assess ahead of the divorce?

OP posts:
Greensleevevssnotnose · 05/02/2024 21:56

Yes it's always better to do the two simultaneously but if not financial settlement first

JustAnotherLawyer2 · 06/02/2024 20:53

You cannot get a legally binding financial agreement, as any sealed order, be it made by the court or by consent, won't take effect until after the final order in the divorce (decree absolute as used to be).

So whilst you can agree your finances, and even get them drawn up into a separation agreement, they are not legally binding until sealed by the court and the divorce is final.

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