I have seperated from my wife I have asked for £5000 to clear my debts and I will lay no claim to the house, this has been agreed. Is there a specific form of words/legal document to say I do not lay a claim to the house in exchange for this money ?
Hi, thank you for your question, I will assist you with this.
Are you and your wife planning on divorcing or simply remaining separated for the foreseeable future?
Are there any other issues which need to be discussed or agreed i.e. children etc?
Hi we are planning on divorcing, there are no children involved but will be sorting house first, and divorcing later. I intend to let her keep the house if she can provide me with the payment which her father will do.
In that case, I would recommend that you have a separation agreement drawn up by a solicitor and signed by both parties.
To be legally binding you will each need to instruct solicitors. They will advise you on your options and draw up the document to make sure that what's agreed is fair and legal. Once the separation agreement has been finalised, in legal terms it is a ‘contract' between you and your wife and as long as the agreement has been prepared properly, it's legally binding.
if either party does not keep to the terms of the agreement the one can take the other to court for breach of contract.
You can draw this up yourself, but the parties have to be legally advised for it to be binding and afford you both the protection you are seeking.
If you have any further questions, please ask.
Solicitor & Partner
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