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My husband and I have a separation agreement and I am due to get a further lump sum. I would like to start divorce proceedings but would I jeopardise my entitlement to this lump sum?
I separated from my husband in September 2006 and we have a separation agreement. I signed the mortgage and house over to my husband and I accepted a lump sum at the time and agreed on a further lump sum to be paid to me in January 2009. I would like to go ahead with divorce proceeding when the two years separation is up in September 2008 but I am unsure whether by doing this I would be jeopardising my entitlement to the further lump sum still owed to me?
No - you would not jeopardise your lump sum by starting divorce proceedings. In fact, most separation agreements contain a clause that divorce proceedings will be instigated by one or other party after the two years have elapsed, so you should check the content of the agreement. Even if it's not there, although a separation agreement is not binding on the Court, in this case it seems to be very good evidence of your intentions at the time and indeed you have relied upon it by transferring the house and mortgage into your husband's name.
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