Separation Agreement Solicitors Lanark
When a relationship breaks down, it can be deeply distressing for all parties involved, especially when you have children to consider. A separation agreement not only eliminates any uncertainty as to what will happen in the future, but it also provides both parties with the peace of mind that their financial contributions are protected.
To avoid any doubt or future conflict between you and your ex-partner, speak with a member of our family law team today to get expert legal assistance in drafting a separation agreement. Call us on 01555 662576 or complete our online enquiry form.
What is a separation agreement?
A separation agreement – also known as a minute of agreement – sets out how a separating couple wishes to divide their assets, childcare arrangements, child maintenance and finances. This involves both parties mutually acknowledging what is fair and entering an agreement drawn up by their solicitors. Provided it is registered in the Books of Council and Session, the agreement can be enforced in a similar manner to a court order.
When can I use a separation agreement?
A separation agreement can be used if you are considering getting divorced or dissolving your civil partnership and wish to organise your finances outside of court. You can also use an agreement if you cannot get a divorce due to religious reasons but want to decide how certain responsibilities are divided between both parties.
What should be included in a separation agreement?
Every agreement is different and will be tailored to suit each couples' circumstances. As a separation agreement is legally binding, it is imperative that both parties carefully consider what they are agreeing to. Terms will be outlined in the separation agreement which covers what each party is responsible for, such as:
- What happens to any debts or credit cards;
- What happens to any savings;
- What happens to joint/matrimonial purchases, such as cars and home furnishings;
- Who lives in the family home or what happens if it’s sold;
- Who pays the mortgage and bills;
- Whether payments are made by one party to support any children; and,
- What kind of divorce will be applied for, and that the application for divorce will not be defended.
If you need help negotiating or agreeing on the terms of your separation agreement, do not delay and contact one of our qualified family law solicitors today.
Do we need a separation agreement if the split was amicable?
Even the easiest of separations can eventually turn sour, and therefore, you should always be prepared for every possible scenario. One party could go through a significant financial change or have a new family to look after in the near future; all factors which can affect how much support they provide their ex-partner. By formalising the split with a legally-binding agreement, couples can separate with certainty that no financial obligations will change, regardless of future circumstances.
Difficulties can also arise when a verbal agreement has been made about child arrangements, and one party chooses not to comply. Having a separation agreement which includes child responsibilities, will provide clarity to each parents' role, as well as stability in the child's life.
Can a separation agreement be changed?
There are restricted circumstances when the terms in a separation agreement can be changed or declared void. While these are rare and must be approved through the court, changes to a separation agreement typically arise when one party has deceived the other about one of the clauses. In these types of cases, the separation agreement would be altered to ensure both parties receive what they are entitled to. For a separation agreement to be valid and avoid being challenged, both parties must openly and honestly disclose all of their assets and liabilities from the outset.
Specialist legal advice on separation agreements
Although a legal professional is not necessary to draft a separation agreement, it is always highly recommended you do so. This is because anything you decide to include in the separation agreement is legally binding, and therefore, you cannot change your mind once the agreement is signed. It is especially important to get expert guidance from a qualified family lawyer if you have endured a difficult split or if your financial situation is very different from your partner.
Contact our Separation Agreement Family Lawyers Lanark, Scotland
Having a well put together separation agreement can ensure a smooth transition during a difficult time for your family. Contact Davidson & Shirley Solicitors today by calling us on 01555 662576 or complete the online enquiry form and one of our professional family law solicitors will get in touch with you straight away.