Family/Separation/Property Relationships Act Settlement

Mrs H came to us having made the decision to leave her husband after recent unhappy events in the marriage. Our usual approach is to obtain full instructions from the client with regard to all aspects of separation, whether counselling is a possibility or realistic, details of children and arrangements for custody, access etc., obtaining details of property and distinguishing between relationship property and separate property.

As the children were all over mid-teen years it was considered by our client and by us that there was no particular reason why the spouse should remain in the family home.  Somewhat unusually the mortgage balance was also quite low compared with most families.  In those circumstances it was felt appropriate to obtain a realistic appraisal of market value from a local Real Estate Agent.  That was done.  Proposals were then put to the husband to endeavour to get him to be realistic about either purchasing his wife's interest in the home or selling the home so that both could have a "clean break" and move on. 

Doing the appropriate research and "the homework" in advance is always helpful and desirable even though it might mean that the party doing the 'driving' of the matter pays somewhat more than the other.  Sometimes that is what has to happen in order to obtain the right result.