Mutual Cash Settlement

[lilly1]

A family members marriage is breaking down and I want to know if they agree any money settlement and they draw up their own contract and get witness's to sign would this be a legal document and if later could be presented in court if either party disputed it. If no answers are post thanks for reading.

[Peter Pedant]

well yes and yes really

https://www.divorce-online.co.uk/help-and-advice/ask-the-experts/separation-agreements

I thoroughly agree with saving money on lawyers
BUT if you are already thinking one party will dispute it...
then you have your answer already innit ?
which is .... they are gonna go to court whatever

sorry you are a bye stander

[ as with a lot of fambly quarrels - it is perfectly obvious what the optimixing choice is and then a minor party starts yapping and interfering...]

[murraymints]

think it may need a WS stamp to be legally binding...BM will be here or NJ ....for expert advice

[Peter Pedant]

er to clarify
I am NOT saying you are the minor party
( muvver in law or someone)

[Peter Pedant]

oh and if children are involved I think you MUST go thro a court

[ladybirder]

IF there are children of the marriage then their wellbeing and financial security will be paramount and I would be surprised if the court granted a divorce if these were not in place.

[Barmaid]

I'd suggest the parties thrash out their agreement and then separately see solicitors to have the agreement put into a form that is less likely to enable it to be challenged.

Unfortunately, any agreement can be challenged in Court. Not least in these cases where the parties are seeking to oust the jurisdiction of the Court under the various Matrimonial legislation. One of the issues that the Court will consider is whether either party had legal advice - that can often be a very important point.

The issue of witnesses is a tricky one - whether you need a witness depends on what property is included in the agreement.

[ummmm]

And Lilly...Barmaid is a barrister so take her advice over other peoples ramblings.

[ladybirder]

You can inform lilly that BM is a barrister without being rude to the people who have taken the trouble to reply. Mine are not ramblings. Mine are from experience of a family divorce that has just happened.

[Peter Pedant]

and mine arent ramblings eeva
they are a distillation of the very best of Good Wife and East Enders
( Ge' outta my parb ! that one) and Deep Thought

thanks Barmaid ( I suppose that should be 'fanks') concise and to the point. - as ever.

mwah mwah....Barmaid I adore you as you sashay past ......

[Barmaid]

I am not so much sashaying, PP as limping. I broke my toe last Weds........

Flip flops in Court never looked so good......

[Peter Pedant]

I can help !

I think i have just had a bleed into my rt knee ...
slowed me up no end