Expert help with separation agreements
We understand that the end of a relationship is a very emotional and upsetting experience and agreeing practical and financial arrangements at this time can be a real challenge.
However difficult, we always encourage our clients to enter into a Minute of Agreement, a legally binding contract which records a negotiated settlement on pretty much everything that is important to you. Johnson Legal Family Law is here to support you to agree on issues such as care of your children, transfer or sale of property and financial assistance for you and/or your children. A negotiated agreement like this is almost always cheaper and very much less stressful than arguing about matters in Court.
The first thing we need to do is establish the relevant date, the date the you ceased living together as a couple. We then must consider matrimonial (if married) or partnership property, which covers all the assets and debts acquired jointly or individually during the marriage/partnership but before the relevant date, excluding gifts from a third party or inheritances.
Scottish Law requires that the division of ‘property’ should be based on fairness which means that the net asset ‘pot’ is divided equally between the parties unless there is a very good reason for not doing so. Such reasons may include the financial disadvantage where one party may have given up a career to look after children.
In certain instances, inherited wealth or gifts from third parties, acquired by either partner during the course of the marriage/partnership are allowed to be “discounted out” from the pot, before division.
If you have a business together, you need to consider 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 a range of issues including tax, employment and succession rights.
Minutes of Agreements also include what would happen on either party’s death. Our specialised lawyers at Johnson Legal can help you make or change your Will, or 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 Minute of Agreement which, when it is signed, is enforceable in law.
When you have a Minute of Agreement signed you can proceed with a divorce or dissolution on an undefended basis because any points of conflict are agreed. The fees for a divorce or dissolution are therefore considerably less. Most of our clients do agree matters and it is unusual to have to litigate.
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 £320+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 which we would tailor to your situation.
As a first step we offer a free 10 minute telephone call with one of our solicitors so please call 0131 622 8477 to discuss how we can help.
Frequently asked questions to consider before getting a separation agreement…
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 can help you right now
Our commitment to provide you with the best possible advice includes a free initial phone call with one of our experts. This allows us to fully prepare for your first meeting which we always offer at a fixed fee rate.
We understand that seeking Family Law advice can be daunting. However, when you get in touch with us, you will find a tailored, highly personal and reassuring approach which will empower you to take back control.
Recent Articles and Information
Case Study: Securing appropriate aliment
Problem A marriage had ended between a wealthy businessman and his wife (our client). The husband had provided significant financial support during the marriage to his wife and her [...]
Case Study: Putting the child’s best interest first, always
Problem Our client, the father, had a very difficult relationship with the mother of their two young children. The mother refused to allow our client to have overnight care [...]
Case Study: Achieving the right financial outcome for the whole family
Problem Our client had separated from her husband. She wanted to retain the family home but could not afford the mortgage repayments on her income. Their two children were [...]
Case Study: Resolving the complex issue of international relocation
Problem Our client, the father, did not want the mother to relocate from Scotland to the Far East with the couple’s five year old child. The mother was from [...]
Understanding Restraining (or Protective) Orders in Scotland
Protection from Domestic Abuse can be obtained in all relationships if you have been abused by your former spouse or partner. The first phone call you should make is to [...]
Can my ex-partner stop me from having contact with my child?
At Johnson Legal Family Law, we understand the emotional strain and legal challenges that some families face when it comes to child contact. Scenarios where one parent is denying the [...]
Planning Child Contact Arrangements for the Easter Holidays
For separated or divorced parents, the Easter holidays can bring unique challenges when it comes to arranging child contact. We understand the importance of prioritising the best interests of your [...]
Single parents travelling abroad: Does a travel consent letter need to be notarised?
For single parents, navigating international travel with children can pose unique challenges and legal considerations. One crucial document that single parents should be aware of is the travel consent letter. [...]
Are Cohabitation Agreements Legally Binding?
Cohabitation agreements act as an insurance policy for unmarried couples living together or those who aren’t in a civil partnership, helping to clarify rights, responsibilities, and financial arrangements. A question [...]
Should I consider a prenuptial agreement to protect my inheritance?
Inheritance can be a tricky point in a divorce. Inherited funds that are paid to one spouse during a marriage are not matrimonial property. However, in practice, this is not [...]
Can you find happiness after a divorce?
A lot of new clients ask us how they will feel after their divorce has been finalised. Some people get to the end of their divorce and they’re in the [...]
Here to help in a full range of family legal matters…
A stitch in time – consider investing in an agreement to reflect what you both want to happen financially, should your relationship come to an end.
Sort it without court costs – these contracts regulate your separation. From your children to financial matters, these allow you to proceed to an undefended divorce.
Sometimes you need smart experienced lawyers to guide you through the complex legal system to help you deal with the end of your marriage, and to ensure a fair division of all matrimonial property.
Your children are your absolute priority so they are our priority too. We can work hard to help you in all disputes about Parental Rights and Responsibilities including residence and contact.
The law offers limited protection for cohabitees, governed by strict rules. We can make sure you receive a fair deal at the end of your relationship.
At your most vulnerable, we will make sure you and your family is protected.