2 fold question, please advise

My new partner has seperated from his wife. She left him and she employed a solicitor to seek dovirce from him. they have come to a mutual agreement of "full and final financial settlement" before proceeding to divorce, this has been signed and witnessed by both parties and sent by my partners wifes solicitors to be registered. can this agreement be stopped by the wife b4 its registered or is legally binding once signed?

I assume that the divorce will follow.

My question is this, can i move to be with my partner b4 he is divorced?

2nd part, would his wife even thou they seperated be able to file on adultery grounds even thou she left him, and would the agreement they have signed be able to be overturned?

Untill your partner has a court sealed Consent Order she can "change her mind" though if they have a seperation agreement it will be considered depends on the way it was drafted.

If either spouse has intercourse before the absolute they comit adultry but as divorce is a no faults system it is pointless re petitioning.

In short any agreement made before the court seal the consent order can be as you say overturned.

Dukey

Hi Durkey

The agreement was drafted and ammended by my partners solicitor and finally when the wife agreed to all (she gets the house tennancy in sole name,all the contents and he gets his personal possessions only and her debt!)she signed and had it witnessed and it has now been sent off to be recorded. (would this be court sealed?) Could she in effect change her mind and have this recalled even thou its already signed and sent away? that hardly seems fair....

Hello

How water tight the agreement is depends on an number of factors did both give full finacial disclosure did both seek indipendant legal advise ect,

If both are happy with the agreement it could form the basis for the consent order, if either decide they nolonger agree they have the right to file an application for ancillary relief at court then the court help decide how the assets are split.

What he needs is a court sealed consent order, if you read the link it should help understand how it works,

www.wikivorce.com/divorce/Step-By-Step-G...cial-Disclosure.html

Hello again,

My partner has not sought legal advice not being able to afford a solicitor whereas the wife has left him, claimed income support and now receives legal aid. He is happy to walk away after agreeing on a Clean Break (scotland) no ties to each other or any property they may inherit in the future etc.

Mind you his situation is far less complicated than mine :O(