AN OVERVIEW OF THE BASICS
Normaly separation is the first major step in and breakdown. Never underestimate to long term effects of any separation. Separation is usually associated with one partner moving out the family hame but this may not be possible and as such you can live in the same house and still be separated in the eyes of the law. When you separate from your partner, there are things you'll need to work out. Consider the foillowing; where your children will live and how often they’ll see the parent they don't live with; where you’re going to live; whether you’ll be able to afford to pay the bills once you’re living separately; who will pay off any debt and will you still be liable for bills incurred by your other partner; how to divide up any money or belongings you share. 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.
It may be an option to consider Mediation as a way of reaching an agreement.Yet always remember not to feel pressured into a decision that’s not right for you. You’ll have a better chance of reaching an agreement if you wait until you’re ready to talk. It can be cheaper and quicker to figure out the arrangements yourselves, but even if you do agree, it’s a good idea to talk to a solicitor.You don’t have to go to court to decide what to do when you separate unless you really can’t agree with each other. Court is always a last option, and can be very expensive.
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.