Separation Agreements

Most separating couples resolve matters amicably without resorting to court action by entering into a legal contract called a Separation Agreement. This arrangement is what is meant when people talk of a ‘legal separation’.

A Separation Agreement, if fair, reasonable, properly prepared and signed, is a legally binding and enforceable contract. It can be utilised by married couples, cohabiting couples, and civil partners.

A Separation Agreement usually outlines how assets are to be divided and how debts and liabilities are to be met. Where there are children, an Agreement will provide for their future care arrangements and maintenance.

Once the Agreement is completed, it is recorded in a public register in Edinburgh known as the Books of Council and Session, which gives it a formal effect similar to a Court Order.

Once a Separation Agreement is completed, the parties can apply for a straightforward divorce or dissolution after the requisite period has expired.

The primary benefit of a Separation Agreement is that it gives the parties control over the terms of their settlement, unlike a divorce action, where matters are left to the judge’s discretion. It also avoids the time, trouble, and expense of contentious and expensive divorce proceedings.

A Separation Agreement invariably represents a full and final settlement, which means that neither party can come back at a later stage and ask for more, except in exceptional circumstances.

We have a wealth of knowledge and experience in creating Separation Agreements for clients.

For advice, call us today 0141 204 7844, at mail@cameronmacaulay.law or complete our online form.