family law inverness separation agreement lawyer

Separation Agreement Lawyer Inverness

Separation Agreement and Divorce Lawyer InvernessA Separation Agreement allows a parting couple to settle the main issues of their separation. Contact our friendly lawyers today to find out how we can help you. You can call on 01463 630 027 or contact us online.

A Separation Agreement, which is sometimes referred to as a Minute of Agreement, is a legally binding document between a separating couple that sets out how matters will be dealt with as a consequence of their separation. It usually covers a range of issues following the breakdown of a relationship, such as how finances and property will be divided and managed. This can also establish the care and maintenance arrangements for any children.

The process of drawing up a Separation Agreement (or Minute of Agreement) avoids the need to go to court. This allows separating couples to come to a mutually acceptable, legally enforceable, agreement that can help to protect their rights and interests whilst also preventing potential future conflict.

When are Separation Agreements used?

A Separation Agreement can be drawn up in cases where a couple are considering:

  • A divorce
  • The dissolution of a civil partnership or;
  • A separation, where the parties have not decided to get a divorce or dissolution.

A Separation Agreement is used where parties wish to discuss and agree on issues such as childcare and finances without having the Courts stepping in to make the decision for them. It is generally accepted that it is a cheaper, quicker and less stressful method of resolving many issues because the courts aren’t involved and the parties mutually consent to the agreement.

It is suitable in cases where parties are willing to be open and disclose all of their assets and debts to each another. Parties will have to decide on how their property is to be divided between them, who is going to assume responsibility for paying off debts and how childcare is going to be shared. If a party has not fully disclosed all the information on these matters, the other party may challenge the Separation Agreement on the basis that it was not fair or reasonable.

What issues can be dealt with in a Separation Agreement?

It can include a number of factors such as:

  • The person/s who will continue to reside in the matrimonial home and/or how the sale proceeds of the home will be divided
  • The person/s who will keep any particular assets such as savings, investments and pensions
  • The person/s who will keep any property such as furniture, cars, art or jewellery
  • The person/s who will pay the mortgage/rent and household bills
  • The person/s who will pay off any debts, such as credit cards and other loans
  • Whether any spousal maintenance or child support payments will be made by one party to the other
  • Childcare arrangements including who the children will reside with and parental access

Do I require legal advice?

There is no requirement to take legal advice when drawing up a Separation Agreement, but it would benefit you to do so. You must carefully consider the content of such an Agreement because it is legally binding and cannot be changed once made. Therefore, if one party cannot adhere to it, the case may progress to court for a judge to make a decision on the matter.

Get Separation Agreement advice from Family Law Inverness

Contact us today

Our dedicated family lawyers have many years of experience in separation agreements. If you require advice, please get in touch.

Call us on 01463 630 027 or contact us online.

Enquire now

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