Seperation Agreement in Scotland (Unmarried)

Afternoon,

Currently co-habiting, have been for a period of 18 months (unmarried). House is in my name, both of us have furniture and belongings in it.

I wondered if anyone would be in a good position to offer advice on how to draw up a seperation agreement between ourselves and then get it notarised. It would be in Scotland, and we need closure on furniture, belongings and finances etc etc.

I don't want to miss anything important out of the document that could cause either one of us an issue or a claim at a later date (as I know that over time things can change).

There is also our child involved, so is it sensible to write down anything to do with residency of the child and access to the child ? Covering holidays, aliment, schooling, healthcare etc etc, or is this overkill for the agreement ?

If anyone has a sample document that they could send me to give an idea of what one looks like and what it should contain, it would be extremely helpful.

Due to the seperation and having to acquire two properties, we are not really in a position to be paying for solicitors fees (other than a fee to get it notarised once we reach agreement).

Any help is much appreciated, as we have received a lot of information, but nothing concrete enough to draw up a seperation agreement on.

There are many sample agreements on line and elsewhere...what is important is that it includes all matters to conclude all possible comebacks for future claims.

Elle x

Thanks Elle, I've seen a lot online ranging from £20 - £80 but how do I know whats the most all-encompassing and up-to-date ? I need one in Scottish Law, if you have an idea which is best or any recommendation on where to try first, that would be great.

There's a lot of conflicting information out there !

xyz,

There are standard clauses to be included to ensure all matters are dealt with, however the drafts I had prepared in the past by sols left some areas open to interpretation and contained arithmetical, grammatical and typoghraphical errors (and were seriously flawed. Concise precise detail of all relevant material fact particular to your circumstances needs to be drafted with attention to the legal requirements. Feel free to pm if you want to discuss examples etc.

Elle x

Of course there is no guarantee that solicitors don't mess up but the problem is no separation/divorce is standard, they are all different. After 4 years study, a couple of years on the job training and further professional training year in year out I think solicitors are best equipped to advise on the most suitable clauses to suit your individual circumstances.

Asking a solicitor to draft an agreement isn't that expensive and IMHO it is the best way of avoiding problems later, particularly as cohabitant rights are relatively new. It could be a false economy doing it yourself and there is no redress or negligence compensation should things go wrong.

With regard to children a great deal of detail isn't necessary, just who the children are to live with and the proposed arrangements for contact. A very useful clause is that should there be any disagreements about the children mediation is to be attempted in the first instance. The Scottish Government has a parenting agreement which is more detailed if you wish. I think it might be available in the Scottish library on this site or you may download it from the Executive's website.

The Parenting Agreement can be found here

www.wikivorce.com/divorce/Scotland/Forms...nting-Agreement.html

While its not a legal document, it is a very useful framework for parents who live apart.