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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


FREE SEPARATION AGREEMENT

  • Smoog
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01 Dec 10 #237900 by Smoog
Topic started by Smoog
Good afternoon

Could you please refer me to a webpage or webpages offering suitable outline or typical Separation Agreement for use in Scotland?

Thanks.

Smoog

  • rubytuesday
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01 Dec 10 #237904 by rubytuesday
Reply from rubytuesday
Hi Smoog

There is no actual "template" for a Separation Agreement, and personally, I would avoid those sites that offer you such a template.

The division of assets/liabilities is a serious business, and you should consult a Family Law sols. Once a SA is registered, it becomes a legally binding document, and there is very limited scope for altering/changing/removing any of the clauses contained within (except for those relating to the children).

I take it you are concerned about costs?

To keep legal costs down, the more you and your wife can agree on between you, the less the sols will be involved in the to-ing and fro-ing that occurs during negations.

Bottom line is - always get your draft SA checked over by a Family Law professional.

Ruby

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