Separation

  • The date of separation is factual and is usually a date agreed by a separating couple.  
     
  • The biggest worry for most separating couples is money and division of property. Divorce cannot normally be completed until agreement is reached in relation to both finances and any children of the marriage.  Many couples enter into a written contract more commonly known as a Separation Agreement or Minute of Agreement.
     
  •  A Separation Agreement can record the arrangements parties have come to for their children, the family home, the division of finances.  This written Agreement is then binding on both parties subject to formalities having been complied with.
     
  • A Separation Agreement seeks to achieve in most cases a full and final settlement which then can be followed up by a divorce. Few couples proceed straight to divorce in the court.  The majority of couples will enter into a binding written Separation Agreement.
     
  • You can use Mediation, the Collaborative Process or Negotiation to agree the terms of a Separation Agreement while still using the rules which would apply on divorce through the courts. The legal rules can be used as a guideline to what might be a fair division of property but parties are free to agree any settlement terms.
     
  • Our team can help and advise you in relation to Separation, and the preparation of a written Agreement which will provide you with clarity and certainty.
     
  • We are also able to assist with all other important aspects of a separation, from making a new Will to reflect your new circumstances, change of name to transfer of a property.

FREQUENTLY ASKED QUESTIONS IN RELATION TO SEPARATION

 

  • Can I take steps to protect myself/my child from my abusive partner?

    The law protects against abuse. In such a situation you will be encouraged to contact the Police Domestic Abuse Liaison Officer. In addition, consideration can be given as to whether a court application should be made for an exclusion order to exclude an abusive partner from the family home, an interdict with or without a power of arrest attached to that interdict and a harassment order. There are legal rules to comply with such applications and tests to be met before the court will grant such orders.

For more information or advice please call 01309 672216 or email janeferguson@r-r-urquhart.com