Hello Ravjoe
A Minute of Agreement is a contract made in Scotland in respect of any matter which couples who have separated may want to include. These may include the division of assets, pension arrangements and provision for payment of
child maintenance. To put a Minute of Agreement in place for child maintenance, usually using the services of solicitors both parents will agree how much child maintenance will be paid and how often. Parents can agree this privately between themselves but usually instruct solicitors to assist with the negotiations. Once both parents have a clear understanding of what they are agreeing to the solicitor will draft the Minute of Agreement. It is then signed and dated by both parties and independently witnessed.
The enforceability of a Minute of Agreement, sometimes referred to as ‘
Separation Agreement’, is based upon how it is registered in the books of Council and Session. At the end of the Minute of Agreement deed there will be one of the following terms:
‘registration for preservation’, which means that the agreement isn’t enforceable but has been documented.
Or
‘registration for preservation and execution’, which means the agreement is enforceable and has been documented.
Being registered in the books of the Council and Session means that Court proceedings are not always required. As a result should it need to be reviewed within the first 12 months applying to Court may not always be a necessity if the party seeking the change can demonstrate the reason for the amendment and both parties are able to agree a new sum the reflect the facts. In all cases if you have a query about a Minute of Agreement speak to your solicitor that dealt with it previously (for existing minutes of agreement), or get legal advice (for a new Minute of Agreement).
You would need to seek further legal advice as to whether the divorce makes the Minute of Agreement nil and avoid.
For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at
www.cmoptions.org
The DWP have a sorting out separation website that you may find useful. It offers help and support to separating and separated families. The link is:
www.sortingoutseparation.org.uk/
Regards
William
