The separation process can be deeply distressing for all parties involved. But during what is often an emotionally difficult period, separating couples also have to address important financial considerations, such as the division of property and on-going provision for children.
Financial Separation in Scotland: What is 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 on-going 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, and can help you come to an amicable agreement with your partner. Our lawyers provide legal advice and services on a fixed fee basis, easing the financial burden of seeking legal help.
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 on-going 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 the present time. 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 a number of 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 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, and guarantees the legal status of your agreement.
Out of Court Settlement and Family Mediation in Glasgow & Edinburgh, Scotland
The separation process can be incredibly distressing. This is particularly true if a couple has children who will be affected by the decision. As a result, couples often wish to conduct their financial separation amicably, with minimal recourse to the court.
If you are having trouble agreeing the terms of your Separation Agreement, there is a range of possible out of court dispute resolution processes. Notably, mediation, negotiation and collaboration all offer alternative routes that can help separating couples come to an agreement that works for both of them.
The solicitors at Simplicity understand the importance of a peaceful resolution to a financial separation. Our friendly and approachable lawyers and skilled mediators can provide advice on out of court dispute resolution, and can help you achieve an amicable solution.
Legal Advice & Financial Separation in Scotland: Why Do I Need a Lawyer?
A Separation Agreement is binding in law and carries the same weight as a court order. As such, it can help avoid and resolve any future legal disputes, making it incredibly important in the long run. However, it also means that you must draft the agreement in question carefully and precisely, as it is likely that you will be held to its terms. This makes legal advice invaluable for the financial separation process.
The solicitors at Simplicity are specialists in family law. As a result, they have extensive experience in drafting agreements in the event of financial separation. Our lawyers will make sure you know exactly what you are agreeing to, and can help you insulate your agreement from future legal challenge. Our experience in this field also guarantees that we will have considered every eventuality. We can advise you as to what things your Separation Agreement should cover, making sure that you have not forgotten about anything important.
Fixed Fee Family Law Services Glasgow & Edinburgh, Scotland and Free* Initial Advice
At Simplicity Law, our solicitors work on a fixed fee basis. This means that we can draft a Separation Agreement for you at reduced rates, so you can avoid the higher prices charged by larger family law firms in Scotland. A fixed fee service ensures that you will not be surprised by escalating legal fees and is particularly important if you are worried about the cost of legal services. If you have been unable to obtain legal aid, or simply cannot afford to waste money, Simplicity can provide legal services at a proportionate, fixed cost.
Fixed-Fee Separation Agreement Solicitors Glasgow, Edinburgh, Shawlands, East Kilbride and Lanarkshire
If you are considering a separation, you must consider the financial implications of the decision. Whether you are seeking a divorce, wish to resolve any financial issues out of court, or are separating without divorcing, a Separation Agreement is advisable.
The lawyers at Simplicity are ready to help you with your financial separation today. We are family law specialists in Scotland. Located in Glasgow and Edinburgh, we provide legal services across Scotland. If you are in any doubt about whether or not you need a Separation Agreement or want any information on financial separation more generally, please contact us. We provide clear and confidential information on a fixed fee basis.
If you would like a Free* consultation with our divorce lawyers based in Glasgow & Edinburgh, Scotland, call us today on {{CONTACT_NUMBER}} or complete our online enquiry form and let us help you.
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 on-going 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, and can help you come to an amicable agreement with your partner. Our lawyers provide legal advice and services on a fixed fee basis, easing the financial burden of seeking legal help.
*Your first one-hour consultation with us is £50. Should you then instruct us to act for you in the matter within 90 days we will deduct £50 from your fees.
