separation lawyers caithness

Separation Agreements in Scotland

A divorce is always a difficult process, and will often involve significant expense for both involved. While it is preferable to have an amicable end to a relationship, financial matters can cause considerable emotional friction.

A separation agreement is a written agreement between former partners that can cover a broad range of issues, including mortgage and rent payments, sale of a family home, division of debts and financial support for each other and for any children the couple have.

A separation agreement is a step before applying for a divorce, and is normally arranged when the ex-partners cease cohabiting. Before actual divorce occurs, the parties will remain legally married, but will no longer have the legal obligations of a married couple. 

What are the benefits of a separation agreement?

Where a divorce proceeding has to be taken to court, the process can typically take up to a year to resolve. A separation agreement that carefully outlines agreed terms between former partners will significantly reduce time, and money spent, that would otherwise be lost to court appearances. This can in turn reduce the emotional impact of separation, and allow both former partners to move on from their prior relationship in a healthier way.

Where a couple do not wish to formally divorce for religious reasons, a separation agreement is a useful alternative, as the parties will remain married but cease to be financially tied, cohabiting or co-dependent.

Once a separation agreement is completed, ex-partners can choose to apply for a far quicker divorce or dissolution of a civil partnership, as the agreed terms are excluded from adjudication by the court. Through this process, a couple can avoid having to appear in court altogether.

Should I consult a family law solicitor?

Separation agreements are legally binding, and in order to be effective they must be registered with the Books of Council and Session. As a result, it is highly recommended that each partner consult separate family law solicitors when negotiating the terms of a separation agreement, and when seeking to register the finalised document.

Because a separation agreement is a step before an actual divorce, issues concerning tax liability, mortgage payments, benefits, bank accounts and insurance can become very complicated. At BBM Solicitors we work with skilled accountants to ensure all these bases are covered.

It is important to note there are time limits to be adhered to. Former partners that have been separated for one year have to mutually consent to the divorce, otherwise separation has to continue for two years.

Contact our Separation Agreement Lawyers in Scotland

BBM Solicitors offers an integrated service that includes working with finance professionals to provide money and tax advice, and can assist in carefully navigating the time limits and potential issues of the separation procedure, so that you can focus on moving on with your life. As avoiding litigation is always preferable, our solicitors will use less expensive and disruptive methods as both partners try to reach an agreement on important issues.

We are based in Wick, and serve clients across Caithness and Sutherland. Contact our Family Law Team today on 01955 604188 or contact us online.

Enquire now

Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input

Please tick the below box

Invalid Input