Legal question

Katykat

Can a couple separating (amicably) create their own agreement for custody and financial arrangements, but then have it witnessed and signed by an agreed nominated independent solicitor to make it legally binding, without the solicitor making recommendations to try and make things complicated”

Comms69

It's called a consent order; but it's not 'legally binding' - it can be varied by a court. (as can any order)

TonyMMM

A solicitor (or anyone else) would only be witnessing that they signed it, nothing more. Doesn't stop either disputing (or breaking) the agreement later. 

TBagpuss

You can have a written agreement about arrangements for children - it isn't legally binding but would be evidence of your agreement and current arrangements (which may need to change over time as your children's needs and wishes change)

You can have a separation agreement or a consent order drawn up relating to finances. It can't be done by a single solicitor, as they cannot act for both of you as there would ne a conflict of interest, however they can draw it up on the instructions of one party and the other can then approve and sign. 

A financial Consent Order cannot be varied, even by a court, except in very limited situations -arrangements for maintenance, for example, or where there has been fraud, mistake or a very significant and unforseeable change very soon after the order was made.  (A court can decline to approve a consent order, but once it has been made, it can't normally be changed.)

groovy_chick

Also worth saying, that the most amicable of arrangements can be brought into question as soon as one party finds or has children with a new partner (in my experience anyway) - it's better to have things agreed within the structure of the legal system before the good-natured intentions get forgotten.

MalMonroe

Katykat said:

Can a couple separating (amicably) create their own agreement for custody and financial arrangements, but then have it witnessed and signed by an agreed nominated independent solicitor to make it legally binding, without the solicitor making recommendations to try and make things complicated”

I think it's perfectly acceptable to make your own agreements but to also contact your own, independent solicitors in order that they are properly formalised.

In my experience, been there and done that, with the very best of intentions 'informal agreements' don't always work. You would be better off each engaging your own solicitor. If you don't want things to get complicated, just ensure your solicitor knows that. It's up to you. A solicitor can suggest as much as they wish but you don't have to accept their suggestions. The fact that it's amicable is good, will keep the costs down!

caprikid1

Me and my Ex agreed everything prior to going into a solicitor, the solicitor did try and sway her to go for more though.