Why you might need a Separation Agreement
When couples separate, emotional pain and angst usually blur the practicalities of properly dealing with the separation. It is not always a fast dash to court by one party seeking to make a claim against the other. As any solicitor will tell you, court should be the last resort unless there are exceptional circumstances.
However, whilst court might be the last resort, the first port of call is to take legal advice on your situation. It is always preferrable to negotiate a settlement that is fair and reasonable. Moreover, it is extremely important to be aware of the rights to which you are entitled following a separation. Equally important are the obligations you also have to others, especially any children.
The starting point is understanding your position and from there negotiating a Separation Agreement with your former spouse or partner that reflects that position.
What is a Separation Agreement?
Separating couples can enter into a Separation Agreement to regulate the arrangements between them. A Separation Agreement allows the parties to record their respective rights and obligations as they continue to live their lives apart from their former partner.
A Separation Agreement will describe when the parties were married or entered into a civil partnership and when they separated. It will also deal with the interests of the children in so far as with which of the parties they will live and what contact the other party has with them. It also deals with financial matters such as the family home and whether any capital payments are to be paid by one party to the other.
Importantly, the Separation Agreement will also include provisions relating to succession with each party renouncing any rights to the estate of the other on death. That means once you have separated, your former partner can no longer share in your estate. It is, however, always good practice to update an existing Will or to make a Will if you do not have one.
Does having a Separation Agreement mean dividing everything equally?
One of the basic principles enshrines in family law in Scotland is the concept of fairness in separation. However, fairness does not always equate to equal shares. Clearly, there will be times when a couple can split things down the middle and go their separate ways. This is usually when there are no children involved, when both are working and when there is agreement to sell the house and split up the proceeds. However, this situation is less frequent than you may imagine. Frequently, there are children, and one partner may not be working. There is also the question of pensions and whether any share of those needs to be investigated. After that we have the whole discussion about which of the parties have been financially advantaged as a result of the marriage or civil partnership and which have been disadvantaged. As you might imagine, what might seem pretty simple and straight forward can turn out to be extremely complicated.
Contact Paris Steele today
If you have or are thinking of separating and would like to know about your rights and obligations, please contact us. Our experienced family law solicitors in North Berwick and Dunbar in East Lothian have years of experience in dealing with Separation Agreements and will be able to provide you with the advice you need at this time.