Deed of Separation when terms are agreed

J

John Separated

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Hi,

Myself and my wife split just over 2 years ago. She decided the marriage was no longer working. We have no shared property or any kind of assets together (or children). It was a relatively short marriage.

I wanted to start looking into getting a mortgage and decided to get deed of separation so we had something in writing.

I talked to my wife, told her everything I had in assets and asked did she want to discuss agreeing on monetary terms.

We've agreed on those and everything is fine between us.

My lawyer is charging 6k euro to do up the deed. He also said my wife needs a lawyer to review the deed with her. This is an additional 3k (quoted), which I would also need to pay.

This seems a little over the top? Everything is fine between us, but I worry that once my wife gets a lawyer, they will try to create problems where none exist on the agreement we settled on.

Is this the normal way a deed of separation is agreed on? Is there any easier solution? If we're both good on our terms of separation, should we just wait for a divorce, although that does cause problems with getting a mortgage.
 
Another 2 years and you can get divorce. Can also be done as a DIY, pretty sure theres a book available also.
 
Hi John

You can do it yourselves with LawOnline for €250 or €350 with assistance.

https://lawonline.clientsecured.com...t=base:product&collection=1,3&productId=16155

"Separation agreement (FL003)
A married couple who have decided to separate, but not to seek a judicial separation via the courts, can use this document to set down the terms of their separation. Depending on their specific needs and circumstances this document process can include agreed terms in relation to custody, access to children, maintenance, health and education expenses, the family home, succession, pensions, other property and assets, income tax etc. This document can also be used as part of their application to a court to seek a decree of divorce should the couple decide to do so at a later stage."
 
Points to flag:

"We have no shared property or any kind of assets together"

What is the extent of individually owned assets?

"My lawyer is charging 6k euro to do up the deed."

That is a very hefty fee!

"He also said my wife needs a lawyer to review the deed with her."

Agreed

"This is an additional 3k (quoted), which I would also need to pay."

Why? Unless your wife is very dependent?

"but I worry that once my wife gets a lawyer, they will try to create problems where none exist on the agreement we settled on."

Very likely that there will be queries / enquiries , because your wife did not have legal advice.

mf
 
"You can do it yourselves with LawOnline for €250 or €350 with assistance. "

This is not a great idea. Its cheap - but its not a great idea.

Picture the scene - some years later......

Wife applies for a Divorce and seeks to vary the Yellow Pack Separation Agreement. Husband says we agreed and wife says but sure I hadn't a clue what I was entitled to!

mf
 
Thanks mf1.

Agreed on the independent advice for my wife. I want to make sure the deed is done up correctly.

I'm leaning towards just paying the feed to get the document done correctly. It seems like 4k is the standard fee to hire a lawyer to do this.
 
My parents were one of the first to get this document done. It was a fairly standard document. I cannot see where there are no assets etc how it could cost anywhere near 6K. What is the actual work involved for the solicitor. How many times does he have to meet you etc.
 
Hi John

Why not check out the site and do up the deed yourself? Ask you wife to take legal advice on it so that she has no claim later.

John Separated said:
Everything is fine between us, but I worry that once my wife gets a lawyer, they will try to create problems where none exist on the agreement we settled on.
Click to expand...

That could well be the biggest cost. Her solicitor creating problems.

Brendan
 
mf1 and Vanilla

You are posting from the perspective of honest, professional diligent, client-centred, solicitors.

Believe me, the rest of your profession is just not like that.

If John goes to a competent solicitor he may well do better than if he goes to LawOnline, which by the way, is drafted by a firm of solicitors. Or he may just get a run of the mill solicitor who charges a huge fee for adding no value at all.

Brendan
 
It is possible in all professions, trades and so on to get a run of the mill service.

But even with that, there are minimum standards that should be met. In this case the service is professional legal advice. There is no incentive to a solicitor to raise issues for no reason. The incentive is to give a good service for the fee paid. This means giving solid legal advice on all the issues that might arise now or in the future. Repeat business is a lifeline for professionals. And you only get repeat business by giving good advice and a good service.

Sometimes there are issues that a solicitor might bring up which will be pooh poohed by the client- they may feel in that moment that it is not relevant. Some of that may well be true, but you can be absolutely sure that if the solicitor does not give that advice, and that issue does by chance arise, that client would hot foot it back to sue said hapless solicitor. And sometimes, even if it doesn't seem relevant immediately, when you tease something out with a client, there is a tiny chance it might be relevant. So solicitor is duty bound to give advice on anything that could potentially arise. This may mean that the client has to listen to a bit more than they are comfortable with ( and any other solicitors here will often have had the meeting with the client who just wants to be shown where to sign and does not want to listen), but it is vitally important that the advice is given, regardless.
 
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