Separation Agreements Glasgow

When a marriage or civil partnership ends, or a couple who live together part ways, there are practical questions to answer. Who stays in the family home? How are savings, pensions and debts divided? How will the children spend time with each parent? A separation agreement records the answers in one legally binding document, so everyone knows where they stand.

Our family lawyers in Glasgow draft and negotiate these agreements for separating couples across the country. We give you clear advice on what is fair, make sure nothing is missed, and word every clause so that it can be enforced. Most of the work can be done by phone, video and email, and you are welcome to meet us at our office.

What is a separation agreement in Scotland?

A separation agreement, known as a minute of agreement, is a written contract between two people who have separated. It sets out how they will deal with property, money and children from now on. It is not a court order, but once registered it has much the same force as a court order.

We register the signed agreement for preservation and execution in the Books of Council and Session, kept in the Register of Deeds by Registers of Scotland. If one of you then fails to do what was agreed, such as paying a capital sum, the other can enforce it without first raising a court action. Read our guide to minutes of agreement.

Legal or judicial separation, or divorce?

Many people ask whether they need a "legal separation". You do not need one before you divorce: you are separated as soon as you stop living together as a couple.

Many couples settle terms first and divorce or dissolve their civil partnership later. With the financial matters and the children already settled, the divorce can usually go ahead as undefended, and our divorce lawyers in Glasgow can handle it. Read more on the difference between separation and divorce.

What can a separation agreement cover?

A court can always be asked to look at arrangements for children again, because a child's welfare comes first, so what you agree should be in their best interests. Our child law solicitors can help with this part.

How are finances divided?

For married couples and civil partners, the financial arrangements are normally negotiated against the rules on financial provision a court would apply on divorce, in the Family Law (Scotland) Act 1985:

• matrimonial property is what either of you acquired during the marriage up to the date you separated, called the relevant date;
• the home counts if it was bought for use as the family home, even before the marriage;
• gifts and inheritances from other people are usually excluded;
• pensions built up during the marriage count, and pension sharing terms must be registered; and
• the net value is normally shared equally, unless special circumstances justify a different split.

We help you exchange full financial information and reach a financial settlement that reflects your circumstances. Our guide on how assets are divided explains the rules in more detail.

Separation agreements for unmarried couples

Cohabiting couples have more limited rights under the Family Law (Scotland) Act 2006. A cohabitant can ask the court for a payment to balance out economic disadvantage, but must apply within one year of the day you stopped living together. A written agreement settles the home, savings and children without a court claim. If you are still together, a cohabitation agreement does the same job in advance.

Can it be changed or challenged?

You can change the terms at any time if you both agree, by signing a further minute of agreement. If one party wants to challenge it, a court can only set aside the financial terms if they were not fair and reasonable at the time the agreement was entered into. That is a high bar, and full disclosure plus independent legal advice for each of you make a challenge much less likely to succeed.

How our solicitors put your agreement in place

1. Free initial consultation We find out what has happened, what matters most to you and what is already agreed.
2. Financial disclosure You and your former partner exchange details of property, savings, pensions and debts.
3. Negotiation We negotiate with your former partner's solicitor, or support you through mediation.
4. Drafting We draft the minute of agreement, tailored to your specific circumstances, so each obligation is legally enforceable.
5. Signing Each of you signs after taking independent advice.
6. Registration We register it in the Books of Council and Session and send you an extract.

What if you cannot agree?

Disagreement at the start is normal, and in most cases an agreement is reached through negotiation between solicitors. You do not have to go to court to resolve a dispute. Other options include:

• Mediation: a trained mediator helps you both talk through the issues. Relationships Scotland offers family mediation, and CALM mediators are family law solicitors accredited by the Law Society of Scotland.
• Collaborative law: each of you has a collaborative solicitor, and everyone commits to settling without court.
• Court: as a last resort, a sheriff can decide, usually within a divorce action.

Read our guide to mediation in family disputes.

How much does a separation agreement cost?

The cost of drawing up a separation agreement depends mainly on how much you already agree and how complex your finances are. A simple case costs far less than one involving a business, several properties or disputed pensions. We explain the likely cost at your free consultation and confirm it before any work starts. You may be eligible for legal aid, depending on your income and circumstances.

Why choose our family law team?

• Experience: our directors have 76 years of combined experience in legal services.
• Agreement first: we aim to settle matters without going to court wherever possible, saving cost and stress.
• Clear drafting: terms that say exactly what happens, to reduce the scope for future disputes.
• Joined-up advice: we can also help you update your will, because separating does not by itself stop a spouse from inheriting.