What if he goes back on his word about me retaining the house? (From Watford Observer)

What if he goes back on his word about me retaining the house?

11:34am Friday 7th August 2009 in Community By Danielle Messenger

I have just separated from my husband and so far we have managed to deal with matters amicably. Neither of us are in any rush to get divorced. We have agreed financial matters and I am keen to deal with this officially, so we both know where we stand. If we are not actually divorcing is there anything I can do at this stage to protect my position?

ANSWER If you have made the decision not to divorce at this stage, then it would be sensible to enter into a Separation Agreement. This document would be prepared by a family solicitor and would set out the financial arrangements you have agreed. The basis of the Separation Agreement would then be used as the financial order within later divorce proceedings. It will offer you both certainty. There is a slight risk that the terms of the Separation Agreement can be reconsidered by the Court on divorce (if either party makes that request) but to guard against this, you need to ensure both parties enter into the document willingly, you both have the opportunity of taking independent legal advice and you are both fully aware of the other’s financial circumstances.