consent order required?

HI
My wife and I are currently still co-habiting wioth our children. We have agreed to seperate but would like to avoid the costs of soliciotrs. To this end we are having civil discussions re property, residence, finances etc.
When we reach an agreement how to we make it binding? I thought we'd just get a solicitor to produce a Consent Order but I've now been told by a solicitor that it's not possible to enforce any agreement between spouces and we would need to do this as part of a divorce. Divorce is something that we both feel that we shouldn't rush into.
What is the best way for us to proceed.
Thanks for any advice

You can't get a consent order without divorcing. Have a look at the fixed price divorce services you can get a divorce and consent order for a fixed price if you are both amicable.
Look at wikivorces Legal Access area where there a a variety of low price legal offerings.

You can do a Separation Agreement, but as your lawyer says it is not binding and in the future one party could refute it and simply seek new arrangements.

But. Whilst not legally binding, it does represent a substantive agreement and if nothing material had changed (let say two years from now)and the split that was agreed was far and equitable to start with still held then consideration would be given in a court as to ordering it.

The party who wished to change it would have to demonstrate why it was inequitable, or unfair.

It is not unusual that people want to agree to the financial split upfront and wait two years to do a no-fault divorce.

If this is the case, then I would suggest you agree a financial split (after full disclosure, use form E as a guide but ignore anything that requies a commentary, just the numbers), then both get independant legal advise on whether or not it would be seen as fair and equitable.

Not 'could I get more, or pay her less', just on the basis that it appears to be fair and equitable. Get these opinions in writing and keep them with the agreement. Review the situation not less than annually to make sure that the original test of fair and equitable still remains.

Then if as and when you are ready to divorce stick to what was agreed and seek a consent order.

Ok thanks. However you seem to be saying that what we agree may not be seen as fair and equitable in the future by a court and can be over turned even if we are still happy with our agreement?

Also our circumstances may change - one may lose their job, the other may win the lottery - for clarification am I to understand that what is fair today has to be revisted as circumstances change to remain fair and it is not posssible for any agreement to protect against that lottery win or inheritance?

In short are our finances inextricably linked until diovorce?

From the legal point of view fair and equitable means in line with the criteria set out in s25 Matrimonial Causes Act 1973.