Are either of you to be legally represented?
No so far we are just talking things through between ourselves, we are still in the same house as she cant move in with her new man until April. I am going to the states for 10 days on Friday then we plan to go together to a Citizens advice people and ask for advice on how we can do this amicabbly. We then plan to come to a mutual agreement. In the background I will go to an independant solicitor for my own piece of mind and to make sure she cant come back in 10 years when I pay off the house but both want to stay friends and not have any problems.
Thanks for your question.
If requested a judge can make an order that would is less than what perhaps one of the parties could achieve if they were prepared to fight for a the maximum achievable share of the matrimonial assets. They are much more uncomfortable about doing this where the party receive the lesser share is not legally represented. If they are legally represented then the judge will consider that the party has received the appropriate advice stating that they could probably achieve a greater amount.
IN this case it is likely that your solicitor will draft an order for the approval of both parties and submit it to the Court. If you wife is still not legally represented then the judge would certainly want to get her in and check personally that she fully understands the implications of the decision and that she will not be able to come back at a later date in order to claim more. They would not be comfortable making an order if they suspect she does not comprehend the gravity of the order sought.
Provided she can satisfy the judge that she understands the situation without being legally represented then in all probability they will make the order
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As I say, it would help for her to get advice from a matrimonial solicitor. She can do this only in respect of the settlement side if she wishes.
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