When you have reached an agreement with your former partner, the importance of getting something in writing cannot be underestimated.
You may have separated amicably and been able to discuss and resolve financial issues between yourselves. However, one of the most important aspects of sorting out financial arrangements on separation, is to ensure any agreement is clearly recorded, and where appropriate, made binding. Even if you and your former partner know exactly how you wish to share out your assets, an agreement between you won’t be enforceable unless it has been clearly drafted. Where you are divorcing, the agreement will not be binding unless it has been approved by a court (in the form of a consent order), and if it is not binding it could be renegotiated or challenged in the future.
The recent case of Wyatt v Vince highlighted how not having a binding agreement can lead to uncertainty and legal challenge even many years after a divorce.
We advise on and prepare all kinds of written agreement, including consent orders, and can often quote a fixed fee for doing so. If you have resolved some issues and not others, then we can advise how best to conclude matters.
All of our solicitors are members of Resolution, and are committed to resolving issues in a constructive and non-confrontational way.