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Putting Your Agreements In Writing.

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  • Separation Agreements
  • Separation Agreements - A written contract drafted in terms agreed by you and your ex partner or spouse. A separation agreement should deal with all the issues arising from the breakdown of your relationship or marriage.

  • Prenuptial Agreements
  • Prenuptial Agreements - Written agreements entered into before you get married. Particularly useful if one or both of you have been married before. People often wonder if there is anything they can do to make sure their children are financially protected should the marriage break down

  • Cohabitation Agreements
  • Cohabitation Agreements - If you’re moving in together, it may be a good idea to put something in writing. This is especially helpful if one of you is putting down a deposit on the house or you have borrowed money from relatives to do this.

  • Parenting Agreements
  • Parenting Agreements - What is the legal status of these? Is there any point in having one? If you sign a Parenting Agreement do you have to stick to it?

  • Interim Agreements
  • Interim Agreements - Sometimes you need a short written agreement before you’ve made up your mind about all the issues arising from the breakdown of your relationship or marriage. Interim agreements often relate to the sale of a house or care of the children.

    (Above are some of the common agreements used in family situations

    The breakdown of a relationship or marriage is a stressful and difficult process. Advice from an experienced family lawyer can go a long way towards mitigating the stress and assisting parties to achieve a settlement, both financial and non-financial. The vast majority of separations do not end up in court. Our Panels firms include accredited specialist in Family Law. Our panel Firms can help you at all stages of your separation.

    First steps - You and your spouse/partner should try your utmost to sit down and talk things over prior to the separation. This may be very difficult, especially if you do not want the separation and are hurt and upset. In some circumstances it might be helpful to involve another family member such as a grandparent or sibling. This can help when dealing with emotions which are running high. You should note points down that you are able to agree upon.

    Cohabitation and Pre-nuptial Agreements - These agreements are not as common as separation agreements. The old saying, “prevention is better than cure” may be very appropriate when two people start their life together. The drawing up of a pre-nuptial agreement ensures that you have thought about the issues that might lead to difficulties in future, in the event of the breakdown of the marriage or relationship. At Nero Legal we can talk through your options and set out your wishes in a document which, though not binding in law, will be taken into account in the event of a future relationship breakdown.

    Sound advice from an experienced family lawyer can be of untold value at the early stages of a separation. Our panel firms are ready to give you that Advice and can help you negotiate and draw up a ‘separation agreement’. With the help of our family law team, they will discuss with you the law which applies in relation to your separation, and if necessary they can negotiate with your spouse on your behalf. If it transpires that you cannot reach an amicable settlement and you feel your case will have to go to court then they will assist you with that but this is something that we will try to avoid if at all possible.

    Taking your Instructions Your initial ‘consultation’ can be conducted over the telephone if that suits you but if you would prefer a face to face meeting this can be arranged. We appreciate that often it can be difficult to arrange time off work to attend appointments. As such our panels firms are all happy to work with you and fit in with your requirements. They can take your on-going instructions over the phone or by email. This helps to minimise the disruption to your day to day life.

    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.

    Clydebank Divorce Advice

    Practical Guides

    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 Family Agreements

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    AN OVERVIEW OF THE BASICS

    Putting Your Agreements In Writing.

    Know The Facts, Know the Law!

  • Separation Agreements
  • Separation Agreements - A written contract drafted in terms agreed by you and your ex partner or spouse. A separation agreement should deal with all the issues arising from the breakdown of your relationship or marriage.

  • Prenuptial Agreements
  • Prenuptial Agreements - Written agreements entered into before you get married. Particularly useful if one or both of you have been married before. People often wonder if there is anything they can do to make sure their children are financially protected should the marriage break down

  • Cohabitation Agreements
  • Cohabitation Agreements - If you’re moving in together, it may be a good idea to put something in writing. This is especially helpful if one of you is putting down a deposit on the house or you have borrowed money from relatives to do this.

  • Parenting Agreements
  • Parenting Agreements - What is the legal status of these? Is there any point in having one? If you sign a Parenting Agreement do you have to stick to it?

  • Interim Agreements
  • Interim Agreements - Sometimes you need a short written agreement before you’ve made up your mind about all the issues arising from the breakdown of your relationship or marriage. Interim agreements often relate to the sale of a house or care of the children.

    (Above are some of the common agreements used in family situations

    The breakdown of a relationship or marriage is a stressful and difficult process. Advice from an experienced family lawyer can go a long way towards mitigating the stress and assisting parties to achieve a settlement, both financial and non-financial. The vast majority of separations do not end up in court. Our Panels firms include accredited specialist in Family Law. Our panel Firms can help you at all stages of your separation.

    First steps - You and your spouse/partner should try your utmost to sit down and talk things over prior to the separation. This may be very difficult, especially if you do not want the separation and are hurt and upset. In some circumstances it might be helpful to involve another family member such as a grandparent or sibling. This can help when dealing with emotions which are running high. You should note points down that you are able to agree upon.

    Cohabitation and Pre-nuptial Agreements - These agreements are not as common as separation agreements. The old saying, “prevention is better than cure” may be very appropriate when two people start their life together. The drawing up of a pre-nuptial agreement ensures that you have thought about the issues that might lead to difficulties in future, in the event of the breakdown of the marriage or relationship. At Nero Legal we can talk through your options and set out your wishes in a document which, though not binding in law, will be taken into account in the event of a future relationship breakdown.

    Sound advice from an experienced family lawyer can be of untold value at the early stages of a separation. Our panel firms are ready to give you that Advice and can help you negotiate and draw up a ‘separation agreement’. With the help of our family law team, they will discuss with you the law which applies in relation to your separation, and if necessary they can negotiate with your spouse on your behalf. If it transpires that you cannot reach an amicable settlement and you feel your case will have to go to court then they will assist you with that but this is something that we will try to avoid if at all possible.

    Taking your Instructions Your initial ‘consultation’ can be conducted over the telephone if that suits you but if you would prefer a face to face meeting this can be arranged. We appreciate that often it can be difficult to arrange time off work to attend appointments. As such our panels firms are all happy to work with you and fit in with your requirements. They can take your on-going instructions over the phone or by email. This helps to minimise the disruption to your day to day life.

    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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