Many separating couples find it helpful to enter into a written separation agreement (known as a Minute of Agreement) with their spouse/ex-partner in relation to all the issues arising from the breakdown of their marriage/relationship.
A Separation Agreement is a ‘contract’ entered into by yourself and your spouse/partner. It's a practical way to work through the complex issues and come to an agreement. Every agreement is different and individual to each couple and as such it's worth taking the time to set one in place at the start. They can help to smooth over what can get contentious.
You and your spouse/partner should try your utmost to sit down and talk things over prior to the separation. This may be very difficult, especially if you do not want the separation and are hurt and upset. In some circumstances it might be helpful to involve another family member such as a grandparent or sibling. This can help when dealing with emotions which are running high. You should note points down that you are able to agree upon.
What is normally included in a separation agreement? Divorce and separations rarely are straight forward as they tend to involve property and asset splits, child custody, pension rights and a whole load of emotion. No one wants to get divorced or separated but if you find yourself making the decision to do so our family lawyers will make sure you are not alone.
Whilst many people will require assistance with all aspects of divorce, others may only need legal advice with specific issues. It may be that family mediation may help, sometimes mediation can save you stress, time, and money.
Our panel of local family lawyers are on hand to discuss all aspects of divorce and separation, child custody, child access, help with restraining orders. Whether there are paternity disputes, prenuptial agreements or adoption issues our family lawyers are here to help and only a few clicks away. It’s free to use and is your first step to clarity and a practical solution to what can be a turbulent and emotionally charged time in your life.
Minute of Agreement or a Separation Agreement is the equivalent of a ‘contract’ entered into by yourself and your spouse/partner. This can be registered with the Books of Council and Session. The terms of your Separation Agreement will depend on a number of factors. Every agreement is different and individual to each couple: do you want to sell the house, keep it in joint names, have it transferred to one of you, can you afford to buy the other party out, what is to happen with the mortgage, will the other party move out right away, will they rent a property, will you both live in the same house for a period of time, what about the children, who will they stay with, if they stay with mum when will they see dad and vice versa, will one of you pay money to the other in relation to the children and other matters, if so, how much and how often, will the children stay overnight with the other parent, what about holidays, what about childcare cost, what about pensions, have you and your spouse run up a lot of debt, who incurred the debt, what was it for, who is going to pay it off, will you both pay it or will one of you pay more than the other, will all of the debt be paid off from the sale proceeds of the house. All of these points and many others should be discussed and agreed with your spouse/partner, yet our panel firms are ideally placed to go over how best to deal with this. Alternatively these issues can be negotiated on your behalf by your solicitor. It can often take some time for the terms of your Minute of Agreement to be finalised.
Interim Minutes of Agreement - Sometimes an agreement is needed immediately, prior to you and your spouse/partner having reached agreement on the final terms of your main Separation Agreement. Interim agreements may be required to allow the family home to be sold or in relation to contact arrangements for the children. Our panel firms are experienced in drafting these agreements as instructed by you, so please take a few minutes and call them or even request a call back at a time suitable to yourself.
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