The breakdown of a marriage can be an upsetting and difficult time. A separation agreement can help
The breakdown of a marriage can be an upsetting and difficult time, and there are often a lot of practical and legal factors to
Sometimes, due to personal circumstances or preferences, it is not always possible or necessary to get a divorce. In these types of cases, it can be beneficial to get a separation agreement drawn up, especially if there are children, money, or property involved.
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A settlement agreement, also known as a minute of agreement, is a document that sets out certain arrangements between a couple that have parted ways.
It is a legally binding document. Once the settlement agreement has been registered, the conditions carry the same legal weight as a court order.
If you or your (ex) partner defy the conditions of the agreements, you will be in breach of the law. This is why we strongly advise that you attain a lawyer to oversee the settlement agreement.
A separation agreement will normally cover the following:
A settlement agreement is not a replacement for a divorce. However, it can be used if you need to put legal arrangements in place but do not want a divorce.
Alternatively, if you do plan on getting a divorce, a settlement agreement gives you and your (ex) partner the opportunity to set your own conditions, without asking the courts to decide. As a result, a settlement agreement can be used to speed up and simplify divorce proceedings.
Neil Kilcoyne Solicitors offers specialist and expert legal advice to people who are going through divorce and separation, marriage and relationship breakdowns. For a free telephone consultation, call us today.
Separation agreements are legally binding in Scotland, and a failure to act in accordance with them can result in a court order. As such, you need to carefully consider the conditions you are agreeing to.
It is vital that you and your (ex) partner are honest about what you own, especially when it comes to capital. You will need to make it clear where you stand in terms of debts, savings, property, and investments.
If you are dishonest about these factors, then you run the risk of your separation agreement being challenged, on the grounds it is unfair or unreasonable.
Given the fact that separation agreements are a legal document, we strongly advise that you seek expert legal advice when drawing up your agreement.
This is especially important if your (ex) partner is putting a lot of pressure on you to agree to one, your break-up is hostile, or one of you is a lot better off financially than the other.
Neil Kilcoyne and Co. Solicitors have a wealth of expertise and experience in dealing with family law, divorces, and mediation. We understand the breakdown of a marriage is an emotional and stressful period, and we will always be sympathetic and understanding of your situation.
During this time, there will be lots of legal and practical factors to consider. As such, you will find our settlement agreement solicitors will work hard to support you through this process, and secure you the best possible arrangement.
Get in touch today to discuss your settlement agreement with award-winning solicitors.
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A settlement agreement gives you complete control over the terms of a settlement, unlike going to court. However, like going to court, the agreement is legally binding which means neither party can come back at a later date and ask for more. Complete certainty is given, which allows you to move on with your life after the separation.
Once a couple have signed a separation agreement, they will have severed all ties with one another, however, will still remain married and not grant a divorce. A divorce extinguishes any inheritance rights on the death of the other spouse.
It is not a legal requirement to get legal advice when drawing up a separation agreement, but we would certainly recommend doing so as a separation agreement is a legal document. It is especially important if your ex partner is putting a lot of pressure on you to agree, your break-up is hostile, or one of you is better off financially than the other.
At Neil Kilcoyne & Co Solicitors, we have a wealth of experience in dealing with family law, and our settlement agreement lawyers will always be sympathetic and understanding of your situation. Get in touch with us to see how we can help.