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 £340+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…