settlement prior to divorce

[clevis]

Can anyone advise please. My wife has left with the kids and divorde proceedings are imminent. She is keen to get a settlement ASAP and I want to buy her out with a drawdown on my existing mortgage. My solicitor advises me NOT to give her any money before the conclusion of the divorce as she can call on her share at any time while we are still married whether I have paid her or not. I want to pay her off soon as it will be much cheaper for me so the question is:- If I get a formalised contract from her stating that the payment is full and final and that she will not call upon me while we are still married, will that be sufficient to protect me within the law?? All advice gratefully recieved. THANKS.

[Postdog]

I'm not being funny, but isn't advice of that nature what a solicitor is for - if he says don't do something surely it would make sense not to do it.

[lady_p_gold]

I think that you may be living under a bit of an illusion that this is all going to be quick and sorted. If it is then fine, but I suspect that there are lots of things you have not sorted out, i.e. your pension, an additional lump sum in addition to the property etc. etc. and until it is all signed and sealed by the Court I suspect that anything could happen. At the moment it is likely that she will be awarded some kind of temporary maintenance until the divorce is final. Its best to stay amicable, but I suspect her solicitor would advise against her giving any such 'formalised contract' even if it were possible.

[erimus1]

Listen to your solicitor - he knows what he is talking about - financial dealings are attached to a divorce. This can all be done in about 6 - 8 weeks if all goes well.