Our family solicitors help people in Motherwell, Wishaw, Bellshill and the surrounding North Lanarkshire communities agree fair terms after separating and set them out in a legally binding minute of agreement. You can meet us at our Glasgow office, around 12 miles away, or speak to us by phone or video.
Key points
- In Scots law, a separation agreement is usually called a minute of agreement.
- Once registered in the Books of Council and Session, it can be enforced without going back to court.
- It can cover the house, savings, pensions, debts, financial support and the children.
- Each of you should seek legal advice from your own solicitor before signing.
- Unmarried couples must make any financial claim within one year of separating, so act early.
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.
| Option | What it does | Ends the marriage? |
|---|---|---|
| Separating informally | You live apart with nothing in writing, so problems can arise later. | No |
| Separation agreement | A binding contract settling property, money and children, registered so it can be enforced. | No |
| Judicial separation | A court decree that you no longer have to live together. It is rarely used. | No |
| Divorce or dissolution | A court decree ending the marriage, or the dissolution of a civil partnership. | Yes |
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 for Motherwell can handle it. Read more on the difference between separation and divorce.
What can a separation agreement cover?
The family home
Whether it is sold, transferred to one of you or kept for a set period, and who pays the mortgage meanwhile.
Money and property
How savings, investments, cars, contents and debts are divided, and any capital sum paid.
Pensions
Whether there is pension sharing, and how pensions built up during the marriage are valued.
Financial support
Maintenance payments for a former spouse, and child maintenance, including school fees.
Children
Where the children will live and how they spend time with each parent, including holidays.
The future
That neither of you will make further financial claims, and how a later divorce will be handled.
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.
Separation agreements in Motherwell and across North Lanarkshire
We advise clients across Motherwell, including Forgewood, Muirhouse and Ravenscraig, and in nearby towns and villages such as Wishaw, Bellshill, New Stevenston, Carfin, Newarthill, Cleland and Holytown.
Map of Motherwell and the surrounding areaThe map loads from Google Maps when you choose to show it.
How we work with clients in Motherwell
We do not have an office in Motherwell. Instead, almost all of the work, from your first consultation to exchanging financial information, negotiating and drafting, can be done by phone, video, email and post. When the agreement is ready, each of you signs it in front of a witness, so you do not need to travel or attend court, and we then send it to Registers of Scotland for registration. If you would rather meet in person, you are welcome at our office at 3 Kent Street, Glasgow.
Family mediation near Motherwell
If you and your former partner would like help talking things through, the Relationships Scotland family mediation service for this area is Family Mediation West of Scotland. You can find their details on the Relationships Scotland website. We can advise you before, during and after mediation, and turn what you agree into a binding minute of agreement.
If agreement cannot be reached
Most couples do reach agreement. If you cannot, and one of you asks a court to decide, a family action for someone living in Motherwell would usually be raised at Hamilton Sheriff Court. Family actions, including simplified divorces, are processed by the court's Civil and Commissary office in the Civil Building (Birnie House), Hamilton, rather than at the Beckford Street court house. Some actions are raised in the Court of Session in Edinburgh instead. We will always explain your options before any court action is considered.
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
- Free initial consultation By phone, by video or at our Glasgow office, we find out what has happened, what matters most to you and what is already agreed.
- Financial disclosure You and your former partner exchange details of property, savings, pensions and debts.
- Negotiation We negotiate with your former partner's solicitor, or support you through mediation.
- Drafting We draft the minute of agreement, tailored to your specific circumstances, so each obligation is legally enforceable.
- Signing Each of you signs after taking independent advice.
- 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.
Separating and not sure where to start? Get advice from our family solicitors by phone or video from Motherwell. The first hour is free.
Book a free consultationWhy choose us for your separation agreement in Motherwell?
- 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.
Separation agreements in nearby areas
We also work with clients in these areas near Motherwell, as well as in Glasgow, where our office is based.
