Best Family Law Practitioners in Exeter

If the divorce and financial arrangements are agreed, then there is no need for you to have to attend Court, although the case will be processed through the Court by way of an online exercise. Most divorces are dealt with this way. The financial arrangements, if not agreed, will necessitate you attending Court on various occasions. Please see our pages on Financial Remedies and Financial Applications for more information

If drafted properly then the Courts should uphold the agreement. It is usual to draft such agreements specifically in contemplation of the parties entering into the agreement divorcing later, and it is usual to specify that both parties intend to be bound by the terms of the agreement, and intend it to be converted into a Court Order when they divorce. In order for the agreement to be upheld, you will need to either have taken independent legal advice, or been afforded the opportunity of taking it, have disclosed to each other the full extent of your assets, and freely consented to the agreement.

If the property is jointly owned then strictly the answer is no, as you both have the right of entry. If the locks are changed, you may have to apply to the Court for an order allowing you back in to the property. If you find yourself locked out you should not seek to force entry, as you may find yourself being arrested for an offence such as behaviour likely to cause a breach of the peace. In theory you can force entry, but once you have been arrested then this advice is of little comfort to you. If you are locked out then take legal advice.

If the property is in joint names then the answer is no. If you are married the equity in the matrimonial home will be taken into account, when the financial settlement is dealt with, even if you no longer live at the property. On a practical, and tactical level however, you may have less negotiating power if your other half is happy living in the house now that you have moved out, and you may find that suddenly there is no incentive on their part to want to move things along at any great speed.