Separation Agreement Scotland

I separated very amicably from my husband in 2015 and retained custody of our two children (he has regular access). We agreed a financial settlement between us; essentially I retained the house and almost everything in it, we kept our own pensions (mine was substantially larger than theirs) and other assets were split 50/50. I subsequently moved and downsized which released a bit of money - we agreed that I should keep it.

He has paid me child maintenance ever since based on the government calculator. Child#1 turned 18 two years ago, he continued to pay maintenance until January this year when his financial situation changed. Child#2 turns 16 next year - he continues to pay maintenance, again based on the government calculator.

We would like to formally divorce but to keep costs down are happy to wait until Child#2 turns 16 and we can use the DIY divorce procedure.

My question is simple - do we need to make a formal Separation Agreement given that all the finances were sorted years ago, we have never been in dispute about them and neither of us is seeking any different arrangements?

Thank you.

Welcome to Wikivorce

Usually, a legally binding separation agreement would need to be in place before starting the divorce; however it is sometimes possible to use an affidavit stating that there are no outstanding financial matters to resolve.
If you divorce while you have children under the age of 16, you will need to use the ordinary procedure - this normally requires a solicitor to write the divorce writ which can also include the statement that there are no finances to resolve.
If you wait until your youngest is 16, you can use the simplified procedure, but may also require the affidavit.