Separation agreement - not married

BlueRug1

I would like to get a legal document created for my split from my ex-partner. 

We have children and own a house together with no mortgage. 

We have agreed that one will buy out the other for a specified sum. Neither  will have any obligation to the other after this. 

Is this something we could draw up ourselves and would be legally binding? Or do we need to get it done professionally? 

We both understand what we are agreeing to and it’s simply a case of making sure that there is no comeback in the future for either party. 

Many thanks 

DullGreyGuy

A contract or deed doesn't require a solicitor to draw it up however do you know if this should be executed as a contract or deed? Do you know the requirements if it's to be executed as a deed?

Lawyers will generally create a document with greater legal certainty and generally advise better on the law. For example if the child will live with one of you there may be no way to prevent them from being able to claim child maintenance even if you've agreed that you won't etc. 

You can get transaction counsel, ie a lawyer that works for both of you, but that means you won't be individually advised however it's naturally cheaper than a lawyer each. 

RAS

Both write out what you jointly want, and sign it. Take the document to a good family solicitor. They may find a flaw that needs further discussion, maybe not. Once sorted, ask the lawyer to write it up. Then the other part takes advice, if they haven't already.

Then make sure it is signed and witnessed as you've been advised. 

Long run it will cheaper paying some fees now than finding problems later. We have for instance seen multiple cases on here where the resident partner hasn't paid the supposed money, won't move out and there is very little the other can do, and anything will cost £five figures.

BlueRug1

Thank you. Much appreciated. 

caprikid1

Just remember they are not watertight. A court will take them into account though.

If you want something watertight, full divorce.

Grumpelstiltskin

caprikid1 said:

Just remember they are not watertight. A court will take them into account though.

If you want something watertight, full divorce.

If you read the thread title they are not married.