My wife wants to come to an agreement that she will give me our only 6 year old child to my custody but she will not take any property or cash. I have parents and so before remarry they will help me to raise my child. If we agree on this can we settle this out of court without lawyer? If not will Judge force her to take cash? She has job and she is more younger than me. Do I need lawyer for making the agreement? As there is mortgage property and child custody involved, will it be a joint application or it will not be a joint application?

Originally posted by help123 My wife wants to come to an agreement that she will give me our only 6 year old child to my custody but she will not take any property or cash.

A child benefits from contact with both parents, unless there is a very good reason for the child to remain solely in your care, it is unlikely that any court will sanction the arrangement you have outlined.

Child care and property settlements are two separate matters, one does not effect the other, again a judge would want to hear good reasons for your wife to not receive a fair share of the joint matrimonial property.

I think that if you were to present a request for apparently consent order to the above, that the judge would order your wife to seek legal advice, so as to satisfy himself that she was making the request of her own free will and that she was properly aware of the consequences of such an order. He may even order her to undergo counseling to satisfy himself that there was not some underlying reason for the mother to apparently be abandoning her child and her share of the family assets.

Should be no problem if you provide the details of this in the consent agreement, if you are in agreement there is no reason why you should not use the same lawyer to draw up the documents for the court. Go to the lawyer together and explain to him what you both wish to do.

He's not asking for a BFA, he wants a consent property settlement.