Expert Help with Scottish Separation Agreements…
We at Johnson Legal try to encourage a negotiated settlement on all matters that are important to you, such as the arrangements for the care of your children, transfer or sale of a property and questions of financial support for you and/or your children. If you are able to reach agreement on these significant issues we advise that they are recorded in a legally binding contract called a “Minute of Agreement” or “Separation Agreement”. A negotiated separation agreement is almost always cheaper and very much less stressful than arguing about matters in Court.
Separation Agreements can also deal with specific matters such as the sale of a property and division of the net free proceeds or the arrangements for your children.
Under Scottish Law the net value of assets that are owned by you individually or together with each other or any third party are divided fairly between you. There are opportunities depending on your individual circumstances for an unequal division in one party’s favour. This depends on a number of important factors. The fact that one spouse may have come off a career path to look after the family and as a consequence is financially disadvantaged might be one reason that we could look to an unequal division.
There are circumstances that allow inherited wealth or gifts from third parties that are acquired by either spouse during the course of the marriage to be “discounted out” from the matrimonial pot before division.
If you have a family business, you need to consider as how best to deal with important matters such as how the business will survive. Is it possible for one party to buy the other’s share and at what price? We can advise you about employment rights and other issues, such as tax and succession rights.
Other important matters that will be included in a Separation Agreement are what would happen on either party’s death. We would advise you whether you need to ensure that your Will is changed, or to review of your Power of Attorney and pension nominations, to avoid your ex gaining any financial benefit as a consequence of your death.
All these important matters together with who keeps the car, the timeshare or the three piece suite can be included in a Separation Agreement which, when it is signed, is enforceable in law.
How much will it cost?
We offer bespoke Separation Agreements which are drafted to reflect your personal circumstances. It is our experience that fixed price packages for Separation Agreements rarely result in good value for money for our clients. Instead, we offer a one hour fixed-fee meeting for £250 (including VAT) where one of our experienced family law solicitors will meet with you to offer personalised advice. We will then provide you with a quote for further advice or legal work that is required after the initial meeting, which is specific to your requirements.
We offer a free 10 minute telephone call with one of our solicitors to discuss how we can help.
Frequently asked questions to consider before getting a separation agreement…
Yes. But only in relation to certain parts. For example matters to do with the children or any alimentary payment. The amount of a capital sum, or a transfer of property cannot usually be changed. There will be what we refer to as “a material change in circumstances” clause that will allow certain changes to be made, but not to the overall capital financial division.
You will sign a principal Agreement with your spouse/civil partner. The original is sent to a public register known at the Books of Council & Session. You will each obtain an official Extract copy which you can rely upon should you require to do so. In the event that you do not wish the document to be published in the Books of Council & Session then you can sign two principal documents, one for each of you. An undertaking not to register the agreement unless in certain circumstances can be given by each to the other to that effect. We are happy to guide you on this.
You can agree almost any matter between you and your spouse/civil partner in a Separation Agreement.
Yes. If you have signed an Agreement, you will either pursue an undefended divorce action or any action already in Court will then become undefended saving huge costs.
Wise words from Beverley…
“Divorce is the last thing that we should consider at the outset of our business relationship. We always try to negotiate a Separation Agreement covering everything from children to the house to spousal maintenance and a capital sum, to ensure that your money is best used to achieve an agreement that works for you without the highly emotive polarising situation as not to mention the huge expense, that couples find themselves enmeshed in a defended Court action. Sometimes that has to happen but it is rare.”
We’re ready to help you…
We advise arranging a short free phone call with a member of our Family Law team before a £250 fixed fee one hour initial meeting. By doing so, we can ensure that we can assist you, prioritise your needs and that you are confident and reassured that going forward you have chosen the best solicitor to work with you.
1. Get Started
2. Prepare for your meeting
It is important that you prepare for your first fixed fee consultation in order to get the very best from your consultation – Click Here to find out what is required
Why use Johnson Family Law?
We are a family focussed team of specialist lawyers who consistently achieve good results for our clients. We offer sensitivity and understanding with specialised technical skills. We are solution-driven but every step along the way you are informed and given a range of options suitable for you. You will feel confident, supported and very importantly… get a response from us when you contact us.
We offer out of hours meetings, Skype, FaceTime and lots of texts to work around your needs.
We can help you right now…
To get started, we advise scheduling a call with a member of our family law team before arranging a fixed fee initial one hour meeting or a fixed fee package if suitable – we’ll advise on the right package for you.
Recent Articles and Information
Will the impact of the new “no-fault” legislation to reform divorce law in England and Wales encourage Scotland to make a change?
Under new legislation, couples in England and Wales can now apply for “no fault divorces” under new government proposals. This will come into effect shortly. Parties looking to divorce will [...]