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  • Business travel during separation

    I've read lots about the dangers of moving out of the matrimonial home during a separation. I'm currently going through a separation and although we are in mediation there is no signed agreement in place. I am now faced with a business trip (1-2 weeks) outside the country. These trips have been regular over the last 4-5 years so this is nothing new.

    My question is whether this trip can somehow be construed as 'moving out' or otherwise affect my rights to children and home? In our discussions we've agreed that I will retain the home in exchange for a payment of one half the equity and that we will have joint custody (50%/50%) but as I said nothing is signed. What are the risks in this situation and what can I do to protect myself?

  • #2
    i cannot see that it would be considered moving out when this is a regular part of your job. Is there any way to postpone the trip for a while until an agreement is signed??

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    • #3
      Going to business trip for 1-2 weeks doesn't mean moving out.However do inform her(with proof like through the mediator/email/text message) before going to trip.So she won't be able to claim her assumptions.

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      • #4
        Also are you jointly on the mortgage/ownership of the home? If you are there is nothing she can legally do. She would need to have an court order and then you would have to deal with that at the banks to buy you out and her name taken off the mortgage. First before that happens you would have to have that agreement signed etc with lawyers. The banks would NEVER do anything.
        I am still waiting to have my house divided. I moved out with out a separation agreement five yrs ago and divorce trial 16 months ago. He has insisted in going to appeal as he didnt think 50/50 was fair. But niether here nor there for you but my point being as lawyers & banks have told me the same as I tell you. Speak with them to put your mind at rest as well your lawyer knows that you are trying to reach an agreement and you must be informed of any moves or changes then plus you have to approve as well.

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