Separation Agreements in Scotland – Make a Separation Agreement 

Decisions taken during your separation will have long-term consequences on you and your family’s standard of life and living arrangements. As such, where there is a financial separation, it is often necessary to create a Separation Agreement that sets out how your property will be divided, whether there will be any ongoing financial arrangements, and if so, how these will be implemented.

The solicitors at Simplicity are family law specialists in Scotland. All our lawyers have the necessary experience and qualifications to guide you through the financial separation process and ensure that you come to a financial agreement that works for you. We provide clear and practical advice on divorce and separation, aiming to help you come to an amicable agreement with your ex-partner. Our lawyers provide legal advice and services on a fixed fee basis, easing the financial burden of seeking legal help for divorce or dissolution.

A Separation Agreement is a contract formed between you and your partner at the time of separating, and is also known as a ‘minute of agreement’. It enables couples to reach a consensus about various matters, including their ongoing financial commitments. It is often an incredibly valuable thing, as it lets separating couples clarify the terms of their financial agreement and enshrine them into writing so that they’re legally enforceable. Even if you and your partner are currently on good terms, a Separation Agreement can help you avoid future problems.

Separation agreements are usually used by couples that have decided to get divorced, where they wish to resolve their financial arrangements out of court, amongst themselves. However, in rare cases, they are also used by couples who are parting ways but do not wish to formally divorce at present. In such a scenario, the financial protections and provisions associated with divorce may not apply, so it is even more important that couples create their own legally binding agreement.

A Separation Agreement can be used to regulate several important issues in the event of financial separation. Amongst other things, it can be used to create a legally binding agreement on the following:

• Mortgage payments;
• On-going or outstanding rent issues;
• Financial provision for children and childcare arrangements;
• Division of assets, including savings and investments;
• Financial arrangements for the family home.

It is often particularly important to agree on a formal date of separation. The process of financial separation is often lengthy and protracted, but it is important to have a clear date for legal purposes. Once your minute of agreement is drafted, it will be registered. This is done by sending it to the Books of Council and Session in Edinburgh, ensuring the legal status of your agreement is enforced.