Good Lawyer Guide's response

Whilst it is good to reach an amicable financial settlement without the court’s involvement, it is important for both of you to ask the court to formalise it. This makes the terms of the agreement legally binding and protects you both if one of you changes your mind in the future. So if you later decide that, for example, the £40,000 you paid over to your husband was a bit generous, you cannot later claim some of it back from him.

So you must ask your solicitor to draw up the agreement making sure he or she has all the relevant information including all the terms you’ve agreed. This will be sent to the court with a short statement setting out your financial positions. If the court approves the order, it will ‘rubber stamp’ it. But remember that any agreement you have come to concerning lump sum payments and property transfers will only be effective after the final decree (the decree absolute) has come through.