If you’re facing the prospect of divorce, or you have decided to separate from your partner, a separation agreement enables you to clearly set out the agreed terms of the separation in respect of children, financial or other matters.
As we're one of Scotland’s leading family law firms, we’re in an excellent position to provide insightful advice and empathetic guidance. We don’t simply have an excellent understanding of the legal process, we also listen carefully to your needs, preferences and circumstances.
What is a separation agreement?
A separation agreement is a legally binding document, signed by each of you, that provides a clear framework for you and your partner in respect of all matters arising from the end of your relationship.
What is the purpose of a separation agreement?
The primary aim is to provide you and your partner will 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 contact they have with the other parent..
How do I enter a separation agreement?
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 therefore your money – if you note down as much information as possible before your appointment with your solicitor. You and your partner may be able to talk things through and reach as much agreement as you can beforehand, but we always advise clients to take advice on the law regarding financial provision on divorce before entering into any agreement.
The information you supply to your solicitor at Drummond Miller will assist them in entering into negotiations on your behalf (or by using collaborative law or mediation) to assist you and your partner in reaching a final agreement,
Once agreement is reached, this can then be drafted as a “minute of agreement.” Once the document is acceptable to both you and your partner, it will be signed by each of you and it becomes a legally recognised and binding arrangement.
How much will a separation agreement cost?
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. This is not just to keep your costs down, but also to resolve the separation agreement as quickly as possible for your peace of mind.
What financial support am I entitled to on separation?
Money matters can be a substantial source of concern when you separate from your partner. In law, if you're married, you have an obligation to support one another financially, based on needs and resources, until divorce. This legal obligation is not true for cohabiting couples.
We can help you to explore whether you have have a claim for continuing financial support from your partner after your separation.
If you would like advice regarding entering into a separation agreement, or seeking financial support from a spouse, contact one of our friendly Family Law team, who operate from our offices in Edinburgh, Glasgow, Bathgate, Dalkeith and Musselburgh.