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Separation Agreement

  • beatledrive
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24 Feb 10 #188031 by beatledrive
Topic started by beatledrive
Hi, I'm looking for some advice on a Separation Agreement. Is it best to go to a mediation service, which i'm reluctant to do because of the cost, or are the online serviuces that are offered for anywhere between 25 and 90 pounds any good. I need something thats covered by Scottish Law.
Thanks

  • rubytuesday
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24 Feb 10 #188034 by rubytuesday
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Hi beatle

There are indeed a number of online services that offer separation agreements - however, the ones Ive looked at tend to aimed at those couples who are in agreement.

Can I get back to you with a few reccomendations in a day or two? (If you and other party not in agreement, then I would suggest that if you do write your own seperation agreement that you get it checked over by a family law sols so you arent disadvantaged)

Ruby

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24 Feb 10 #188036 by beatledrive
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No problem that'll be great, thanks ruby
I think we can agree, but hey, i'm beginning to learn never to try to second guess anything she might do. :unsure:

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24 Feb 10 #188038 by rubytuesday
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In any case, beatle I would advise that you spend a few pennies getting it checked over by a sols - just to err on the side of caution.

Will send you a PM by the weekend :)

  • Elle
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25 Feb 10 #188049 by Elle
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beatle,

I agree with Rubes about erring on the side of caution and having a good sol review/direct your drafts regards SA. You can cover the ground work to a certain extent and if you are aware of the technical legalities requiring all grounds now and in the future are covered by the relevant laws you can save on costs. Not all sols pay attention to detail in this exercise just as many laypersons do not have the skills...but when push comes to shove, the skills can be learned and who will look after you better than yourself!

E

  • Bobbinalong
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25 Feb 10 #188067 by Bobbinalong
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My thoughts on this are straight away be aware that whatever you produce with the solicitor may not be worth the paper it is written on and can be reneged on by either party at any time, that is why you end up in court.........
At the end of the day if you are going for a formal separation agreement, why not just get divorced!!?
At least then its final and sorted.
I started same, 18 months ago, before long a divorced Petition landed on my doorstep and wasted my money preparing the SA.
During the following period stuff we agreed on in mediation was reneged on anyhow.
Think some more.

  • rubytuesday
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25 Feb 10 #188072 by rubytuesday
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Bobbinalong

Separation Agreements in Scotland are very different to those in England.

Here, we are required to have all financial and child contact details tied up in a Separation Agreement prior to applying for divorce - only around 3% of divorcing couples end up in Court to have the finances decided for them. When applying for a divorce through the sheriff courts (local/county courts), you are required to submit various documentation, inc the Separation Agreement.

Seperation Agreements are legally binding documents in Scotland, with very little room for overturning any of the causes laid out in the document.

I hope this brief summary give you a better understanding of the difference between Scottish Separation Agreements and those in England/wales.
You may also find this link useful in explaining further ;)

www.wikivorce.com/divorce/Scotland/Scotl...al-Arrangements.html

Ruby

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