Seperation

[Humpty Dumpty]

Hi

Currently married but speperated. Looking to get mortgage but need some type of deed of seperation? Does this need to be done through court? We have an agreement written already; would rather save on solicitor, what is the process?

 

[Thirsty]

If you already have a separation agreement, then your best bet is to get Judicial Separation in place base on the SA. Yes, I think you will need a Soltr but if there's no contest then it shouldn't be wildly expensive. Ask for an estimate.

 

[iamaspinner]

My conveyancing solicitor wouldn't let me sign anything without seeing the Deed of Separation and Deed of Waiver. The bank never asked for anything in that regard.

Spouse and I initially went through mediation and came out with a written but non-legally binding Mediation Agreement. This was however the basis of what later became the Deed of Separation.

If you already have something like this and prepare affidavits of means, etc, without delay, i.e. you're both on the ball, a family solicitor shouldn't cost that much. That's if it's all amicable of course. Obviously you will each need your own solicitor.

Be aware that solicitors may bring to your attention things you hadn't considered before and rock the boat a little. In our case we both could've retraced our steps in a couple of areas but decided to stick to our agreement and so far so good.

In the end I bought my apartment and haven't seen the inside of a court yet.

Best of luck!!