The answer is NO.
The court does not have jurisdiction to make orders regarding the finances in a marriage unless:
- There are divorce proceedings, and
- The divorce proceedings have reached the Conditional Order stage.
Therefore, if you come to a financial agreement between yourselves through direct discussion, through mediation or through solicitors, the agreement cannot be made into a formal order until steps 1 and 2 above are in place.
Furthermore, even after a financial settlement is sealed by the court to become an order, it cannot be enforced (requiring parties to abide by the order) until a Final Order is made within the divorce proceedings.
We recommend you obtain early legal advice so that you can understand all of the relevant factors that will be taken into account upon your separation. Contact one of our specialist Family team here.