Separation Agreement Solicitors Glasgow

When a relationship ends, a separation agreement lets you settle the money, the family home and the arrangements for your children without going to court. Our separation agreement solicitors in Glasgow draft clear, legally binding agreements under Scots law, negotiate the terms for you and make sure nothing important is missed.

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Separation agreement lawyers in Glasgow

A separation agreement, also known as a minute of agreement in Scotland, is a written contract that records how you and your former partner will divide your property and deal with money, the family home and your children after you separate. Once it is signed and registered, it is legally binding and can be enforced in the same way as a court decree.

We help married couples, civil partners and unmarried couples in Glasgow, Edinburgh, Dumfries and throughout Scotland. Whether you are planning a separation or divorce, an agreement is the usual way to sort out your finances, and it makes a later divorce or dissolution quicker, simpler and cheaper.

Scotland does have a court process called judicial separation, but it is rarely used. Most couples who want a legal separation without divorcing simply sign a separation agreement and live apart.

Separation agreements in Scotland at a glance

Also called a minute of agreement.
Legally binding once signed, and enforceable once registered in the Books of Council and Session.
No court needed: you decide the terms between you, with legal advice.
Hard to undo: the court will usually only set aside an agreement that was not fair and reasonable when it was made.
Both of you need advice: each person should have their own solicitor.

What a separation agreement can cover

Every agreement is drafted around your circumstances. It usually covers financial matters, the division of assets and child arrangements:

Money and property

the family home: sale, transfer or one person staying
the mortgage, rent and household bills
savings, investments and debts
pensions, including pension sharing
cars, contents and other belongings
any capital payment from one person to the other

Children and the future

where the children will live and when they see each parent
child maintenance
school fees and other costs
spousal maintenance, known in Scotland as periodical allowance
the date you separated
what happens if one of you does not keep to the agreement

Arrangements for children under the age of 16 can always be reviewed by a court if they stop working for the child. Read more about child custody and contact.

Separating and not sure where to start?

Call 0141 433 2626 or book a free consultation. We will explain your options and the next steps.

How property is divided for married couples and civil partners

For married couples and civil partners, the Family Law (Scotland) Act 1985 sets the framework, and a separation agreement is usually negotiated against it:

Matrimonial property is everything either of you acquired during the marriage or civil partnership and before the date you separated, known as the relevant date. It also includes a home bought before the marriage for you to live in as a family.
What is not included: property owned before the marriage, and gifts or inheritances from third parties during it.
Fair sharing: matrimonial property is normally shared equally, although there can be good reasons for a different split.
The relevant date fixes the value of what is shared, so recording it in your agreement is important.

Pensions built up during the marriage count as matrimonial property, and they are often one of the largest assets. In Scotland, a pension sharing arrangement can be included in a registered separation agreement without a court order.

Separation agreements for unmarried couples

Unmarried couples who live together can also make a separation agreement, and it is often the best way to protect yourself. The 1985 Act rules on sharing property do not apply to cohabitants, who instead have limited rights under the Family Law (Scotland) Act 2006.

If you want to make a financial claim through the court as a cohabitant, you must raise it within one year of the day you stop living together. An agreement made within that time can settle everything without a court claim. Read more about cohabitation rights in Scotland.

How we make your separation agreement, step by step

A free consultation

We talk through your situation, what you own and owe, your children and what you want to achieve.

Full financial disclosure

Both of you disclose your finances, including property, savings, debts and pension values, so that the agreement is based on the full picture.

Negotiation

We negotiate with your former partner’s solicitor to reach terms that are fair to you. Mediation or collaborative law can help if talks get stuck.

Drafting and signing

We draft the minute of agreement in clear terms. You each sign it in front of a witness.

Registration

We register the agreement in the Books of Council and Session in Edinburgh. This preserves it and means it can be enforced without going back to court.

Why have a separation agreement?

You stay in control of the outcome, instead of a sheriff deciding for you
It costs far less than a defended action in the sheriff court
It gives certainty about the house, money and children, so you can move on
It is enforceable once registered, without going back to court
It makes divorce simpler, because the financial issues are already settled

If you cannot agree, there are alternatives to court. Family mediation, negotiation and collaborative law can all help you reach an agreement.

Child maintenance and tax

You can agree child maintenance in your separation agreement. Once a registered agreement has been in place for a year, either parent can still apply to the Child Maintenance Service, so the amount agreed should be realistic. Read our child maintenance guide.

Transfers of property or investments between separating spouses and civil partners can have capital gains tax consequences. Since April 2023, transfers made within three tax years after the year you separate, or under a formal divorce agreement, are usually treated as no gain and no loss. We will tell you when specialist tax advice is worthwhile.

Why choose Simplicity Legal for your separation agreement?

Family law specialists, experienced in drafting and negotiating separation agreements
Calm and practical advice focused on a fair settlement
Thorough drafting so the agreement covers everything and stands up later
Plain English explanations at every stage
Regulated by the Law Society of Scotland

Contact our separation agreement solicitors in Glasgow

Whether you have just separated or have already agreed most things between you, we can help you put a clear, binding agreement in place. Call 0141 433 2626 or request a callback, and a member of our family law team will be in touch. We also have offices in Edinburgh and Dumfries. Please note that we do not offer legal aid. Clarity Simplicity Ltd is regulated by the Law Society of Scotland for the legal services we provide. This advice does not apply to England and Wales.

Read our guide to whether you need a solicitor for a separation agreement or find out about prenuptial agreements.

Your separation agreement questions answered

Yes. Once it is signed it is a binding contract, and once it is registered in the Books of Council and Session it can be enforced like a court decree. The court will usually only set it aside or vary it if it was not fair and reasonable when it was made.

Yes, you should each have your own solicitor. One solicitor cannot act for both of you, and independent legal advice makes the agreement much harder to challenge later.

No, but it helps. Divorce in Scotland usually needs one year of separation if you both consent, or two years without consent. If your finances are already settled in an agreement, the divorce itself is usually simpler, quicker and cheaper.

It depends on how quickly you both share financial information and agree the terms. A straightforward agreement can take a few weeks, while one with property, pensions or disagreements can take several months.

Usually only if you both agree to change it, by signing a new agreement. A court will generally set aside or vary the financial terms only if they were not fair and reasonable at the time the agreement was made. Arrangements for children can be reviewed if they stop being in the child’s best interests.

Yes. Cohabiting couples can record how they will divide property and money. Cohabitants who want to make a claim through the court must do so within one year of separating.

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What our clients say

“Thank you for all of your time, hard work and constant dedication you put into my case. It has been an absolute pleasure working with you to achieve the same goal which was to protect and secure the childhoods of my two girls.”
“Fantastic service from Emma and the team. Them together with sensible charges make it difficult not to recommend them. Many thanks again to all for your assistance.”
“Thank you so much for taking on and handling the contact and divorce cases in the way that you did. I am very grateful for all the work you put in. It was such a relief to have finally found an excellent solicitor.”

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Other Legal Services We Offer

Our team of specialist solicitors offer a broad range of services. Choose the area you need, and we will guide you step by step.

Family law

Support that is practical and calm, especially when things feel overwhelming.

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A smoother purchase or sale, with clear milestones and proactive updates.

Litigation

Focused, structured help when a dispute needs action and progress.

Wills and powers of attorney

Simple planning that protects your wishes and reduces stress later.

Education law

Help for parents and carers when you need clarity and direction.

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Phone

0141 433 2626

Address

34 Woodlands Road
Glasgow
G3 6UR

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Common questions

Frequently asked questions

We focus on practical outcomes, clear communication, and a service that feels calm and organised.

In many cases we can provide fixed fees or clear estimates. We will confirm pricing once we understand your situation fully, so there are no unexpected charges.

Submit the form or call the office directly on 0141 433 2626. We aim to respond as soon as possible during opening hours, Monday to Friday.

A brief summary of what happened, key dates, and any documents you have. If you are unsure, just start with the basics and we will guide you from there.

We do not currently offer legal aid. We provide fixed fee and transparent pricing options. Please contact us to discuss the most cost-effective approach for your situation.

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What our clients say

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“Thank you for all of your time, hard work and constant dedication you put into my case. It has been an absolute pleasure working with you.”
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“Thank you for all of your time, hard work and constant dedication you put into my case. It has been an absolute pleasure working with you.”
Verified client
“Fantastic service from Emma and the team. Sensible charges make it difficult not to recommend them. Many thanks again to all for your assistance.”
Verified client