The breakdown of a relationship is never easy, but if you and your spouse are considering separation or divorce, you will want to make the process as straightforward and fair as possible. A separation agreement is different from a ‘legal separation’ or judicial separation’. In this article, we take a look at what a separation agreement can do for you answering common questions we hear from our clients.
For advice on separation agreements specific to your circumstances, get in touch with our team today, you can call us on 0141 404 6575 or complete our online enquiry form, and we will get back to you without delay.
What is a separation agreement?
A separation agreement is a legally binding document which sets out anything that you and your former partner agree to concerning your separation. A separation agreement, when created properly, is enforceable in the same way as a court order.
What can be included in a separation agreement?
Every separation agreement is different and will be tailored to your specific circumstances - no matter how unusual you think they may be. Typically, a separation agreement will cover:
- Living arrangements while separated, including that you will live apart and not disturb one another
- Who is responsible for paying the rent or mortgage on a family home and any other bills
- Who is to live in the family home
- What will happen if the family home is to be sold
- Details of any debt payment arrangements such as for loans, credit cards or other debts
- What is to happen to any joint savings or investments
- What will happen to valuable or practical items you have bought together such as cars
- Whether any payments are to be made from one party to another to support any children you have
When you get in touch with a solicitor, they will discuss all of your options with you and advice you as to what should be included in your separation agreement.
How do I get a separation agreement?
The first step in obtaining a separation agreement is to decide what you and your partner agree on. You may wish to start by doing this informally among yourselves. We understand that your relationship may have broken down and that this may be difficult for you, but a solicitor can assist you with the detail and you need only agree on some basic matters. If you cannot agree, you can also get help from an independent mediator who can guide the conversation and help you agree on the contentious matters.
You must then instruct a specialist family law solicitor. We will take the time to understand your situation and set out clearly and in no uncertain terms what you and your former partner have agreed on. We will then draw up a formal document known as a ‘Minute of Agreement’.
In order to become legally binding, the Minute of Agreement must then be registered with the Books of Council and Session.
Do I need a separation agreement?
You do not need a separation agreement to separate. However, it can be very useful during separation and divorce proceedings. A written separation agreement ensures that both parties are clear as to what has been agreed and how the separation will operate. It also allows either party to go to court to make changes to the agreement in the future if the deal is unfair or unreasonable.
For specialist advice on separation agreements, contact our team today. We can advise as to whether a separation agreement is best for your circumstances and help you and your former partner to move forward with clarity and understanding.
Contact our Separation Agreement Solicitors, Glasgow & Coatbridge
We are based in Glasgow and Coatbridge, serving clients across Scotland including Inverness, Oban, Stirling, Newton Mearns, Bothwell and Cambuslang. Our lawyers take pride in providing high quality and cost-effective legal advice and have a strong commitment to achieving positive results for our clients. We tailor our separation agreements and advice specifically to you and your family’s needs and circumstances; delivering expert advice and skilful court representation where needed.