When a couple decides to separate, various important matters will need to be agreed upon. While this can be a challenging and stressful experience, a separation agreement can offer many benefits, providing both parties with clarity and peace of mind in the short term and helping to avoid drawn out and expensive court action should divorce or dissolution follow.
The specialist divorce lawyers at Andersonbain can provide comprehensive legal advice on all matters concerning divorce and separation agreements. Whatever your circumstances, our solicitors are on hand to guide you through every stage clearly and straightforwardly, helping to protect your interests and those of your family throughout.
What is a separation agreement?
A separation agreement is a formal agreement – known as a 'minute of agreement' – that sets out the points that a separating couple have agreed upon. If it is registered, a separation agreement has the same legal effect as an order made by the court stating how the couple's assets and property should be divided. This gives couples greater control in agreeing what happens when they stop living together rather than relying on a judge to make these decisions. A separation agreement can be entered into once the decision to separate is made, during a separation or before a divorce or dissolution is finalised.
Typically, separation agreements cover matters such as:
- Who will continue to live in the family home or what will happen if the property is sold
- Whether support payments will be made by one of the partners
- Childcare arrangements
- Who will pay the mortgage or rent on the house you shared
- Who will cover any shared debts, such as overdrafts or loans
- What will happen to shared assets, e.g. a car or furniture bought for the family home
How are the terms of a separation agreement agreed?
Separation agreements are negotiated between the couples and their legal representatives. The family law solicitors at Andersonbain have many years of experience in this area and can act on your behalf to achieve the best possible outcome for you through non-adversarial means, including negotiation and mediation.
We regularly provide representation for clients during separation agreement negotiations, making sure that they are fully informed throughout and are aware of their legal rights and responsibilities. It is essential that the terms of a separation agreement are fair and reasonable – if they are not, the agreement may be open to challenge at a later stage. We can provide expert guidance in relation to financial disclosure, both in respect of your own finances and those of your partner to prevent problems arising in the future.
Contact our Divorce Lawyers in Aberdeen & Edinburgh, Scotland
We will take the time to meet with you and discuss matters in detail, addressing any questions or concerns you may have clearly and without resorting to legal jargon. With expert skills in negotiation and mediation, we pride ourselves on our reputation for taking a proactive approach, helping clients to reach agreements as quickly as possible.