Her lawyer wants the free trader agreement in the ED. We have not had any discussion on the proposed changes to the ED it is difficult to get any information from her lawyer, like none, and I would like to start looking for a permanent home. When we sell our current home the split proceeds will cover the cost of a new residence. Can I put a down payment on the new residence knowing I have the funds to pay for it even without a free trader agreement?
You need to have the free trader executed prior to you purchasing any real property. If you purchase real property before you are divorced, then your spouse will have certain rights to that property simply by virtue of being your spouse. I would not purchase anything until the free trader had been executed and recorded.