About lawyer drafting SA

[NoRegret]

Just wondering what will the lawyer be considering when drafting SA? I mean if both parties agree, the only asset is the house and there are no children.
I made appointment with a lawyer and he said it would take time to draft the SA. I don't know how much time he needs but it seems pretty straightforward to me that he will need the house deed and appraisal result.
How long did it take your SA to be drafted and what was your situation at the time? I read on here that it's better to have SA drafted by a lawyer instead of making it yourself.

[ddol1]

actually the best seperation agreements that get followed for years to come are the ones the spouses make together! How is less important but I would think a mediator can help to make sure details that other wise would be missed get included in the agreement. A final review (not a ton of money for that by the way) by the iver priced lawyer to check the agreement over to ensure your rights were addressed - then you have a good agreement at the least cost IMHO.

[NoRegret]

Originally Posted by ddol1

actually the best seperation agreements that get followed for years to come are the ones the spouses make together! How is less important but I would think a mediator can help to make sure details that other wise would be missed get included in the agreement. A final review (not a ton of money for that by the way) by the iver priced lawyer to check the agreement over to ensure your rights were addressed - then you have a good agreement at the least cost IMHO.

sounds like a good idea thanks

[dinkyface]

Are you expecting disagreement on any of the aspects of equalization (e.g. will the house be sold or will one of you stay in the house? who will pay the realtor/mtg/selling fees? how will house contents be split? valuation? listing price? timing? quick sale vs best price?)

[NoRegret]

Originally Posted by dinkyface

Are you expecting disagreement on any of the aspects of equalization (e.g. will the house be sold or will one of you stay in the house? who will pay the realtor/mtg/selling fees? how will house contents be split? valuation? listing price? timing? quick sale vs best price?)

no. he will keep the house and take my name out of the house ownership. he will buy my share instead of selling the house. house contents already split because I moved out and I took all my belongings, furniture etc. everything else in the house is his and his business supplies.

[dinkyface]

Technically you don't even need a separation agreement. It sounds like a clean clean financial and social split, you will have no further dealings with him that might stir up the pot later on. The sale of the your half of the house just needs to be formally documented/legalized.

[winterwolf7]

Indeed. My ex and I have no communication outside of e-mail but we were able to eventually cobble together the basics of an agreement. I then used a template from a mediator and filled in the specifics for our situation. It was then checked over by both our lawyers, minor edits, and then signed. It still took a lot of wasted legal fees, I ended up initiating court action which seems to have forced her to settle on some items.

But in the end the most important thing is to make sure there is nothing in the agreement that you can't live with. You don't have to like all of it, but you do have to be able to accept it and live with it.

[ddol1]

winterwolf7 - I have actually lokked for a template of sorts - even a solid list of phrasing and typical topics that would make for a solid agreement for both of us. This template you recieved from the mediator, did it have these qualities....and I suppose if willing is it something you would be allowed to forward???? Thanks for your help - not sure if it would get her to start the process seriously but if it works!

[mcdreamy]

ddol, I have one I can send you (I actually had my stbx's secretary forward it to me). pm me your email,

[NoRegret]

Originally Posted by dinkyface

Technically you don't even need a separation agreement. It sounds like a clean clean financial and social split, you will have no further dealings with him that might stir up the pot later on. The sale of the your half of the house just needs to be formally documented/legalized.

OK. He said we don't need lawyer either. but just to make sure, maybe I should come up with agreement we both sign and then let the lawyer see it? it should be simple in our situation. and then he can get his own lawyer to take my name out of the house deed