While many couples do their best to preserve their relationship, circumstances can mean that marriage is impossible to maintain. By necessity, the breakdown of a relationship raises many practical matters that need to be settled, including child arrangements and the reorganisation and division of assets and liabilities. Many people are understandably concerned about how these issues will be dealt with.
At Hunter & Robertson, our experienced family law team, headed by experienced and highly-respected solicitors/directors Robert Dunn and Jilly-Ann Melrose, work with clients pursuing separation or divorce to find a solution that protects their interests. We understand that no two relationships are the same and provide clear, concise and effective legal advice and assistance tailored to our clients' own particular circumstances. Contact us today.
Separation Solicitors Paisley, Scotland
Making the decision to separate from a spouse is often difficult. One way of managing the practical issues that arise is to negotiate, agree and register a separation agreement, also known as a Minute of Agreement. This is a legal contract setting out how financial and other practical issues will be dealt with should you and your partner stop living together. Separation agreements typically address matters such as who live will in the family house, how finances will be divided and who children of the relationship will live and have contact with.
Separation agreements are useful legal tools for separating couple who are able to reach a mutually acceptable agreement between themselves. They are generally less stressful and more cost effective than going to court because they reduce the likelihood of disagreements in the future. If you would like to know more about separation agreements, our family law specialists are ready to help.
Specialist Divorce Lawyers Paisley, Scotland
It’s important to be aware that the law and process of getting a divorce in Scotland is not the same as south of the border. In Scotland, divorce is not based on fault, it is based on the relationship having irretrievably broken down. This can be established if you have been separated from your spouse for a set continuous period, your spouse behaves unreasonably or where there has been adultery.
There are also different procedures for getting a divorce in Scotland. The simple procedure, which involves lodging a form in the Sheriff Court, can only be followed if there are no financial matters to decide and no children under the age of 16. If the simple procedure isn’t available, then it will be necessary to file an action of divorce, where the Courts will only grant divorce once all financial matters and child arrangements are settled.
What is included in a Settlement Agreement?
A separation agreement in Scotland is a comprehensive document that covers various important aspects related to the separation of a couple. While the specific terms may vary depending on the unique circumstances of each case, some common elements typically included in a separation agreement are as follows:
1. Division of Assets: The agreement outlines how assets, such as property, savings, investments, and personal belongings, will be divided between the parties.
2. Financial Arrangements: It addresses financial matters, including spousal maintenance or support payments, child maintenance, payment of debts, and the division of joint bank accounts.
3. Child Custody and Visitation: If there are children involved, the agreement sets out arrangements for their care, custody, and visitation rights, including details about residence, contact schedules, and financial responsibilities.
4. Pensions and Retirement Plans: It covers the division of any pension funds or retirement plans accrued during the relationship.
5. Insurance and Benefits: The agreement may address issues related to health insurance coverage, life insurance policies, and other benefits.
6. Debts and Liabilities: It specifies how any shared debts or liabilities will be allocated between the parties.
7. Dispute Resolution: The agreement may include provisions for dispute resolution mechanisms, such as mediation or arbitration, to address future conflicts.
It is important to note that a separation agreement is a legally binding contract, and both parties should seek independent legal advice before signing. Consulting with a family law solicitor is crucial to ensure that the agreement adequately addresses your rights and interests while complying with the relevant laws and regulations in Scotland.
How are finances divided in a divorce?
Only finances that can be considered matrimonial property will be divided on divorce. Matrimonial property is the net value of all money, property and other assets acquired during the marriage. Because divorce in Scotland isn’t based on fault, this matrimonial property is to be shared equally, with fair account being taken of any economic advantage or disadvantage, the cost of child care, adjustment to loss of support and prevention of serious financial hardship.
At Hunter & Robertson, our expert divorce lawyers have substantial experience and specialism in financial claims on divorce and have dealt with a large number of high value divorce actions, both in negotiation of settlement and in the conduct of the case from commencement until conclusion.
What happens when someone refuses to sign a Separation agreement
When an individual refuses to sign a separation agreement in Scotland, it can lead to complications and legal challenges. If one party refuses to sign, the other party may seek legal recourse through the courts. The court can intervene to resolve the disagreement and make a decision based on the best interests of both parties involved. It is essential to consult with a knowledgeable divorce lawyer in such situations to understand your rights and explore the available options. They can provide guidance, negotiate on your behalf, and represent you throughout the legal proceedings to ensure a fair resolution is reached.
Can I stay in the matrimonial house?
Whether you can stay in the matrimonial house depends on a number of factors, such as if the house is mortgaged whether the lender would consent to the property being transferred, and what role the house and its value plays in the overall assets and liabilities of the relationship.
Contact our Divorce & Separation Solicitors Paisley, Scotland
For advice about how the law applies to your particular circumstances please contact our specialist divorce solicitors. If you live in Paisley, Linwood, Renfrew, Houston, Johnstone, Dalry, Bridge of Weir, Elderslie or another surrounding area call 0141 889 3196 or fill out our online enquiry form.