It is essential that a Separation Agreement be in place if you intend to sell the family home or have it transferred from joint names into the name of one of you. In all other cases, a Separation Agreement is strongly advisable.  Bathgate Family Law Practice can help you firstly to negotiate an agreement and then to draw up the Separation Agreement itself. For further information, contact Martin Burns.

 

 

 

 

 

 

 

 

 

 

 

 

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Separation

Agreements

If you have separated from your spouse or partner, one of the first things you should do is enter into a Separation Agreement (often known as a ‘legal separation’). The Separation Agreement has a number of functions. It will:

· establish (for divorce purposes) the date you and your spouse separated;

· regulate the care arrangements (residence and contact) for any children of the marriage/relationship;

· set out how much aliment (maintenance money) is to be paid;

· determine what is to happen to the family home;

· state how all of your assets and debts are to be divided;

· deal (if appropriate) with pension sharing;

· prevent your spouse or partner from making any surprise financial claims against you in the future; and

· considerably reduce the cost of getting divorced.