Separation Agreements

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Understanding Mediation

Seeking Resolution | Negotiated Settlement | Possitive Outcome

When a relationship ends, you’ll need to decide who gets what. This can be difficult to agree on, as one person may argue that they should stay in the property with the kids, while the other may argue that they’ve contributed more money. Inevitably, this can lead to disputes over who owns what. Mediation is a non confrontational method that many people consider a better and more cost effective method. Mediation is the process by which families can negotiate about future arrangements for children. The mediator does not tell parties what to do, but can help the parties to reach their own agreements amicably, whilst trying to improve communication between them.

mediation are not legally binding in the sense of being enforceable in a court, but many find that by using a third party they avoid the adversarial conflict and stress that can be generated by a full blown legal action.

The cost of mediation depends on what mediation you use, it is not free but usually cheaper than each party employing a lawyer. If you are looking at all the options available ask or request more information using our free legal family expert lawyer finder.

Remember that mediators are neutral and will not take sides. They will not give advice to either party. They will usually recommend that you obtain legal advice alongside the mediation process if required and will guide you as to when this should happen.Once you have proposals you both find acceptable the mediator will prepare a summary of them together with a summary of the financial information which will be sent to each of you. Ask one of our expert family lawyers for more information.

Many separating couples find it helpful to enter into a written separation agreement (known as a Minute of Agreement) with their spouse/ex-partner in relation to all the issues arising from the breakdown of their marriage/relationship.

Minute of Agreement, or a Separation Agreement is the equivalent of a ‘contract’ entered into by yourself and your spouse/partner. This can be registered with the Books of Council and Session. The terms of your Separation Agreement will depend on a number of factors. Every agreement is different and individual to each couple: do you want to sell the house, keep it in joint names, have it transferred to one of you, can you afford to buy the other party out, what is to happen with the mortgage, will the other party move out right away, will they rent a property, will you both live in the same house for a period of time, what about the children, who will they stay with, if they stay with mum when will they see dad and vice versa, will one of you pay money to the other in relation to the children and other matters, if so, how much and how often, will the children stay overnight with the other parent, what about holidays, what about childcare cost, what about pensions, have you and your spouse run up a lot of debt, who incurred the debt, what was it for, who is going to pay it off, will you both pay it or will one of you pay more than the other, will all of the debt be paid off from the sale proceeds of the house. All of these points and many others can be discussed and agreed with your spouse/partner prior to meeting with your solicitor. Alternatively these issues can be negotiated on your behalf by your solicitor. It can often take some time for the terms of your Minute of Agreement to be finalised. Our family law panel firms have a great deal of experience and expertise in this area

Interim Minutes of Agreement - Sometimes an agreement is needed immediately, prior to you and your spouse/partner having reached agreement on the final terms of your main Separation Agreement. Interim agreements may be required to allow the family home to be sold or in relation to contact arrangements for the children. At Nero Legal we are experienced in drafting these agreements as instructed by you.

When your looking for advice or you just need to know the Costs, our Panel Firms are always on hand to help you with the Divorce Facts and Family Agreements. From Mediation, or Separation Advice our firms are here explain Divorce Law. Know your rights and obligations, know The Facts. From advice to drafting your Agreements, advice and costs are only a few clicks away. To help us point you in the right direction just answer a few questions. We'll do the hard work, you get the facts and instant Advice from over 6 Legal experts.

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An overview of the basics.

Two Types of Divorce In Scotland

Simplified procedure – which could be used if there are no financial matters to resolve, or these have already been decided and drawn up in a formal Separation Agreement, and there are no children under 16 of the marriage

Ordinary procedure – in all other cases. In order to apply for a divorce, you first need to establish grounds for divorce

What Are the Grounds For Divorce (Time or Reasons)?

You have been separated from your spouse for one year and your spouse is prepared to consent.

You have been separated from your spouse for two years. You can then go ahead with a divorce without your spouse’s consent.

You are able to prove your spouse has committed adultery. You can then apply for a divorce immediately. However, if you have known that your spouse has committed adultery and you continue to live with them for more than three months then you are deemed to have condoned that adultery and cannot then proceed with a divorce on that ground.

You can establish that your spouse’s behaviour is such that you cannot reasonably be expected to continue to live with them – this is often referred to as ‘unreasonable behaviour’. You can then apply for a divorce immediately. You would have to provide evidence from someone else to confirm the position. Unreasonable behaviour does not necessarily mean just physical abuse. It can also cover issues such as alcohol or drug abuse or gambling, as well as emotional abuse.

How Lond Does It Take To Get a Divorce?

If matters are straightforward and you are not asking the court to rule on financial matters or care arrangements for any children, then usually a divorce can be granted within six to eight weeks, assuming you meet one of the grounds for divorce.

We Have Separated, What Next?

If you have agreed all financial matters and care arrangements for any children, and had the terms legally drawn up in a Separation Agreement, then you can apply for a divorce if you meet one of the grounds for divorce listed above.

If not, then the first step is to have a Separation Agreement (also referred to as a Minute of Agreement) prepared by a Solicitor. This is a legally binding document formally recording how the matrimonial assets and debts are to be divided and it can also set out where the children will live and the amount of child maintenance/support to be paid.

Alternatively, if you and your spouse are unable to agree on matters then one of you may have to consider raising a divorce action and as part of that, you can both ask the court to determine how the finances will be split and the care arrangements for the children.

What Can I Legally Claim?

In Scotland, the law states that each person is entitle to a ‘fair’ share of the matrimonial property – the assets accumulated during the marriage. In most cases, that will be a 50:50 share. However, there can be situations where a 50:50 share would not produce a fair split, in which case a person can ask for more than a 50 per cent share.

If We Live In The Same House Can we Still Be Separated?

Yes. Many people simply cannot afford to run two households when they first split up, so it is not unusual for them to start their formal separation negotiations while still living together. A lot of people think that to be legally separated, you must physically live apart but that is not the case. The important date is the date that the couple stop living together as husband and wife.

We Were Married Abroad, Can We Get Divorced In Scotland?

Possibly. However, that alone is not enough to establish jurisdiction in the Scottish Court. This is a complicated legal issue, so you should get legal advice about your specific circumstances.

How Much Will A Divorce Cost?

The costs of a divorce can vary, depending on the circumstances of your case. Our panel Firms shall provide you with full estimates. The general rule is that the more specific information you can provide the more accurate the estimate will be. The second issue is that the more comntentious the divorce the more costly it can be so its always cheaper to either negotiate through your lawyer or try as best as possible to keep things as ammicable as possible. about the potential costs of any option and offer a range of payment options. In some cases we can offer clients a fixed price package. For example, where there are no financial claims and no children under 16 years of age and matters are agreed, you may be eligible for a Simplified Divorce, in which case we offer a fixed fee of £300 inclusive of VAT and excluding outlays.

Children In A Divorce

There is no hard and fast rule. If parents are unable to agree on the care arrangements for the children, then the court can be asked to determine where the children should live. The legal test is what would be in the best interests of the children, so the court has a very wide discretion in deciding that. It is generally better if parents can come to an agreement about this and mediation can be an effective way to do that, rather than facing the uncertainty of a court order.

If the child was born before May 2006, then an unmarried father might not have automatic parental rights or responsibilities. A father in this position who wishes to acquire parental rights must do so with the mother’s agreement or by obtaining a court order. If the court is persuaded that it is in the child’s best interest that the father is given parental rights and responsibilities, then the court will grant them to him.

If there is a dispute about where the child should live, then it is possible to apply to the court for a residence order. The court can also make an order for the child to have contact with the non-resident parent if the parents cannot agree on suitable contact arrangements. If the child is old enough to express an opinion, then their views will be taken into account. If you are unsure of your rights, or you would like to obtain custody of, or access to, a child, then get in touch with us today.

Those aged over 12 years old are legally entitled to have their opinion taken into account when decisions are being made about their care arrangements.

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Clydebank Divorce And Mediation

Practical Guides

AN OVERVIEW OF THE BASICS

Understanding Mediation.

Seeking Resolution | Negotiated Settlement | Possitive Outcome

When a relationship ends, you’ll need to decide who gets what. This can be difficult to agree on, as one person may argue that they should stay in the property with the kids, while the other may argue that they’ve contributed more money. Inevitably, this can lead to disputes over who owns what. Mediation is a non confrontational method that many people consider a better and more cost effective method. Mediation is the process by which families can negotiate about future arrangements for children. The mediator does not tell parties what to do, but can help the parties to reach their own agreements amicably, whilst trying to improve communication between them.

mediation are not legally binding in the sense of being enforceable in a court, but many find that by using a third party they avoid the adversarial conflict and stress that can be generated by a full blown legal action.

The cost of mediation depends on what mediation you use, it is not free but usually cheaper than each party employing a lawyer. If you are looking at all the options available ask or request more information using our free legal family expert lawyer finder.

Remember that mediators are neutral and will not take sides. They will not give advice to either party. They will usually recommend that you obtain legal advice alongside the mediation process if required and will guide you as to when this should happen.Once you have proposals you both find acceptable the mediator will prepare a summary of them together with a summary of the financial information which will be sent to each of you. Ask one of our expert family lawyers for more information.

Many separating couples find it helpful to enter into a written separation agreement (known as a Minute of Agreement) with their spouse/ex-partner in relation to all the issues arising from the breakdown of their marriage/relationship.

Minute of Agreement, or a Separation Agreement is the equivalent of a ‘contract’ entered into by yourself and your spouse/partner. This can be registered with the Books of Council and Session. The terms of your Separation Agreement will depend on a number of factors. Every agreement is different and individual to each couple: do you want to sell the house, keep it in joint names, have it transferred to one of you, can you afford to buy the other party out, what is to happen with the mortgage, will the other party move out right away, will they rent a property, will you both live in the same house for a period of time, what about the children, who will they stay with, if they stay with mum when will they see dad and vice versa, will one of you pay money to the other in relation to the children and other matters, if so, how much and how often, will the children stay overnight with the other parent, what about holidays, what about childcare cost, what about pensions, have you and your spouse run up a lot of debt, who incurred the debt, what was it for, who is going to pay it off, will you both pay it or will one of you pay more than the other, will all of the debt be paid off from the sale proceeds of the house. All of these points and many others can be discussed and agreed with your spouse/partner prior to meeting with your solicitor. Alternatively these issues can be negotiated on your behalf by your solicitor. It can often take some time for the terms of your Minute of Agreement to be finalised. Our family law panel firms have a great deal of experience and expertise in this area

Interim Minutes of Agreement - Sometimes an agreement is needed immediately, prior to you and your spouse/partner having reached agreement on the final terms of your main Separation Agreement. Interim agreements may be required to allow the family home to be sold or in relation to contact arrangements for the children. At Nero Legal we are experienced in drafting these agreements as instructed by you.

When your looking for advice or you just need to know the Costs, our Panel Firms are always on hand to help you with the Divorce Facts and Family Agreements. From Mediation, or Separation Advice our firms are here explain Divorce Law. Know your rights and obligations, know The Facts. From advice to drafting your Agreements, advice and costs are only a few clicks away. To help us point you in the right direction just answer a few questions. We'll do the hard work, you get the facts and instant Advice from over 6 Legal experts.

DIVORCE & SEPARATION LAWYERS

Looking For the Best Clydebank Divorce Lawyer? - Prd by JLQ©


GET ADVICE & CALCULATE YOUR COSTS

Official Scottish Legal Divorce Law Finder - Prd by JLQ©

Divorce Advice
Quick Legal Guides

Separation Advice
Quick Legal Guides

Family Agreements
Quick Legal Guides

Disputes & Mediation
Quick Legal Guides

Scottish Divorce Law
Know The Facts

10 Essential Facts
Legal Quick Guides

Divorce Facts
Know The Law

Planning Ahead
Legal Quick Guides

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