Separation Agreements

A separation agreement, sometimes called a ‘minute of agreement’ is a legally binding document, signed by you and your former partner, that provides a clear framework for resolving all matters arising from the end of your relationship.

The primary aim is to provide you and your former partner with a clear path forward in managing financial and childcare arrangements. It clears up much of the potential for disagreement and misunderstandings.

It will deal with what is to happen going forward in terms of matrimonial assets such as houses, cars, savings, investments and pensions, and also matrimonial debt. In the short term it can set out how the mortgage, rent or bills are to be paid, who will live in your property and any arrangements for its sale.

A separation agreement can also cover the care of any children and any financial arrangements for them. This includes such issues as who they will live with and how much time they will spend with the other parent.

Firstly, it’s important to find a legal firm that has the knowledge and expertise to guide you every step of the way, in an empathetic but no-nonsense manner. At Drummond Miller, we are extremely experienced in advising clients on every step of entering into a separation agreement.

It can save time, and expense, if you note down as much information as possible before your appointment with your solicitor. You and your former partner may be able to talk things through and agree some of the points beforehand, but we always advise clients to take advice on the law regarding financial provision on divorce before entering into any binding agreement.

The information you supply to your solicitor at Drummond Miller will allow them to enter into negotiations on your behalf with a view to reaching a final agreement.

Once agreement is reached, a separation agreement is drafted and then signed by you and your former partner.

The costs vary according to how complex your situation is and the length of negotiations which are required to reach an agreement. However, Drummond Miller will always endeavour to provide a high-quality, cost-effective service in an efficient manner.

Financial provision on separation and divorce/dissolution of a civil partnership is governed by the Family Law (Scotland) Act 1985. This sets out principles which provide guidance in working out what each spouse is entitled to. Each case is approached based on its own facts and circumstances.

1. The starting point is that each party is entitled to a fair division of the net value of matrimonial property. Dividing fairly usually, but not always, means equally. Matrimonial property is defined as all assets (and debts) acquired during the marriage and before the date of separation, excluding gifts from third parties, inheritances, or items owned prior to the marriage (other than a home purchased prior to marriage for use as a family home).
2. Any economic advantage or disadvantage suffered by either party must be taken into account. This includes, for example, one partner giving up work to raise children.
3. The costs associated with raising any children under 16 must be shared fairly.
4. If one partner has been financially dependent on the other, they can be awarded financial provision to enable them to adjust, usually for a maximum of 3 years.
5. If one partner will suffer serious financial hardship, financial provision to relieve them of hardship can be made over a reasonable period.