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do i have to get a deed of separation?

  • 03-02-2014 1:31pm
    #1
    donnae
    Registered Users, Registered Users 2 Posts: 2 ✭


    I got a letter from my ex's solicitor saying that he has been instructed to draft a deed of separation and advising me to go to my solicitor to request same. And that matters are settled amicably to avoid court proceedings. My question is do I have to agree and go and get one drawn up? First of all I can't afford to get a solicitor as I'm a singe parent and paying the mortgage on my own but nor am I entitled to legal aid as I'm over the means. And secondly its not that i dont want to finalise things I just don't want to make things easy for him. And before you all jump down my throat and start giving me a hard time I have my reasons. Although we separated amicably at first within a few weeks he was living with his 'new' girlfriend, stopped seeing my daughter ( who isn't his) and was not allowed to talk to me anymore and now I have been sent this so I have no intention of giving him what he wants straight away and making it easy. Can a court force you to be legally separated and eventually divorced?


Comments

  • #2
    MouseTail
    Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭MouseTail


    It is in your interests to have a deed of separation, particularly if there is property involved.


  • #3
    howamidifferent
    Registered Users, Registered Users 2 Posts: 1,819 ✭✭✭howamidifferent


    donnae wrote: »
    Can a court force you to be legally separated and eventually divorced?

    Yes.


  • #4
    lucky333
    Registered Users, Registered Users 2 Posts: 190 ✭✭lucky333


    You are separated, gets the deed done, your going to need anyway.
    You are making things hard on yourself, never mind your ex. Best thing would be to let it go and move on.


  • #5
    donnae
    Registered Users, Registered Users 2 Posts: 2 ✭donnae


    Thanks for your replys but all I really want to find out is, does anyone know what happenes next if I dont go to my solicitor


  • #6
    MouseTail
    Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭MouseTail


    Eventually there will be a non contested divorce.
    You don't say whose name the house is in, but if I were you I would move quickly to secure this, for both you and your child's sake, whilst things are still relatively amicable. If this, and other assets if they exist are not sorted at this stage, he will be able to claim equity at the divorce stage, even if you have been paying the mortgage solely.


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