Many couples who do not wish to divorce, but have chosen to live separately, enter into these agreements. For more information, see our article on what your agreement should contain. A separation agreement is not legally necessary in the event of divorce or dissolution of a partnership. However, it can be very helpful to agree on the allocation of your property before making a declaration of consent. If you set out your decisions using this separation agreement, it means that you have a formal document that you can rely on and can help avoid disagreements in the future. We confirm that the above-mentioned parties have signed this document of our own free will in our presence. If you don`t want your “minute of agreement” to be challenged – because it`s not fair or reasonable – you and your ex-partner (husband, wife or life partner) need to be totally open and honest about your finances. Ownership or sale of the matrimonial dwelling: whether a spouse will retain ownership of the dwelling occupied by both spouses at the time of separation, or whether the dwelling will be sold and the money will be shared between the two spouses. In general, the Tribunal does not intervene in agreements entered into by competent adults, unless the circumstances of the parties have changed significantly since the separation agreement. You should seek legal advice before signing this agreement, as anything you wish to include in this separation agreement may be considered by a court to be legally binding or may have a decisive influence on the outcome of one of the parties` request for financial recourse.
You may seek additional advice from a lawyer at any time if you are not sure that you have considered all relevant issues before signing this Agreement. You can use a “deal minute” if you and your ex-partner are considering divorcing or breaking off your life partnership and: an act of separation can make the divorce process easier, faster and less stressful, as many difficult things have already been agreed. In addition to sharing common property, personal property, cash and investments, you can register your agreement with regard to regular payments during separation, housing and child custody. If you are considering divorcing in Scotland or terminating your life partnership, but have not yet filed the documents, you can have a separation agreement drawn up. This will determine who will pay the rent or mortgage and the bills until you decide if you want to proceed with your divorce or resolution..