The breakdown of a relationship, whether parties are married, in a civil partnership or a cohabiting couple is a very challenging time for all involved. All parties must consider the financial implications of their separation and how the arrangements in respect of the children will be affected. There are significant legal consequences when parties go through a separation, which is why both parties are always strongly advised to seek separate independent legal advice, where possible.
If parties are able to reach mutual agreement in respect of their finances and the arrangements in respect of their children, then they can enter into a Separation Agreement, otherwise known as a Minute of Agreement. All agreed terms would be included in the Minute of Agreement and once both parties are happy with the terms of the agreement, and have sought separate independent legal advice, they would both sign the agreement and it would then be registered in the Books of Council and Session. There would then be a binding agreement in place between the parties. The agreement can then be enforced in the same terms as a Court Order, if necessary.
Entering into a Separation Agreement would also avoid the need for contentious Court action and the inevitable costs involved. If matters are straightforward, in some circumstances, we are able to provide a fixed fee in respect of the preparation of a Separation Agreement.
If you have recently separated from your spouse or partner, we would strongly advise you to seek independent legal advice. Please contact our Family Law Department who will be able to advise and guide you through this process. We offer tailored advice based on the particular circumstances of your case.