Many people who separate will first settle the property and money issues (perhaps through a separation agreement) and then, once that is done, they will be able to divorce in a simpler way. If registered, it has the same legal weight as a court order (where the courts say how a couple should distribute their property and property) and can be applied in the same way. Even if marital property is to be distributed equitably, it remains to be decided exactly how to distribute it and who receives what. First of all, talk to Fiona if you are looking for legal advice on break-up contracts in Edinburgh or Glasgow. Divorce can be an expensive option and the only benefit of filing a divorce lawsuit, instead of dealing with cases through a separation agreement, is that you are free to remarry after the divorce. A separation agreement, carefully drawn up and signed by the parties, will give the parties financial independence and may also detail the current contact agreement for the child or children. If you wish to enter into a separation agreement, you can use a lawyer to establish formal documents called “minute of agreement.” These define what you agree with your partner. The lawyer will record them in council books and meetings. In our experience, the majority of separating couples are interested in resolving things on an amicable basis, without resorting to court proceedings. This involves entering into a legal contract called a separation contract and is often what is meant by “legal separation”. Another exception is that if the property is acquired by one of the parties before the wedding date/civil partnership, but with the intention of being a family home, z.B. an apartment is purchased by a party before they marry, but with the intention that it will settle after the marriage, this will also be considered a marital property. A separation contract is a legally binding contract and, if properly prepared and then registered, it generally has the same effect as a court order (with a few exceptions, for example.B.
custody orders that cannot be enforced by the court). Although a couple, once they have signed a separation agreement, will usually have severed all ties with each other, they will remain married.