Separation Agreement Property

[TX1]

I am confused. Currently I'm in the process of having a separation agreement being drawn up via a family mediator. Everything is amicable. Before being married I purchased a property with another person and it has always been rented out. Upon marrying I rented a separate property.

Despite my spouse working I paid all bills and rent regarding the property we lived in. I will be returning to the property I own after the separation agreement has been signed off.

However, the mediator keeps referring to the property I co own with another person as a family home. I have explained that if I predecease the other owner that the full property passes to them. They seem to disagree.

My spouse never lived in it and never will do I am confused how she could be entitled to any legal rights. Should this property be included in the agreement or can her entitlement be waived if there is? My spouse and I want it left to our daughter.

Secondly, two loans which I took out and repaid in full were for my spouses benefit. One loan was for a dowry of 15,000 and another for 5,000 for dental surgery. Is it possible to have an awknowlege of these monies in the agreement and would it be wise to do so if it is.

Lastly, I have a pension. One for myself and a survivors pension for my spouse and child. It is my understanding that this does not need to be dealt with at this stage but the mediator thinks it has to be included. I do not think it is fair to pay out of my pension after 40 years to someone I was married to for only 5 years. Again this is why I feel it is important that the loans I took out for her are inserted.

Sorry for the long post but I am at my wits end trying to sort this and as everything was amicable prior to the meetings it feels like the mediator is constantly throwing a spanner into the works.

 

[Brendan Burgess]

What does your spouse say?

If you and your spouse reach an amicable agreement, you don't need the mediator to tell you something different.

When you reach agreement, go to a solicitor to draw up the formal stuff.

Brendan

 

[Thirsty]

I've never heard of a dowry payment except in historical novels!

Mediators aren't lawyers; get some legal advice.

 

[Prosper]

For Gods sake keep lawyers out of it if possible!!!!! It's guaranteed to make it adversarial.

 

[mf1]

If ever a poster needed legal advice, its TX1!

S/hei s in this mediation process to agree the terms of a Separation Agreement

On the above post:

Where s/he's adrift

1. The spouses entitlement, if any , to a share in the jointly held property.
2. Loans taken out for the spouses benefit and if they should be dealt with in the separation agreement
3. The pension - this needs to be dealt with now.

"I do not think it is fair to pay out of my pension after 40 years to someone I was married to for only 5 years. "

Along the lines of shudda gone to Specsavers.............Shudda thought about that before getting involved and getting married!

mf

 

[TX1]

Thanks MF1 .... dig or not you are right. I'm juggling quite a bit at once but working my way through it.

I have requested that an acknowledgment of the loans is inserted. I have also learned that the pension does not need to be inserted at this stage as a separation agreement is not enforceable against an estate. That requires a court ordered adjustment order.

Re: it not being fair about my lump sum is that I already have provided for her by way of a separate survivors pension.