Separation In Edinburgh

The breakdown of a marriage or civil partnership is a distressing time for all the family, often leaving you with a number of issues to resolving. Deciding upon factors such as the division of assets, contact with children and financial support may be reached amicably, or you may find yourself in a dispute with your ex-spouse. Either way, you need legal guidance to help you through this difficult period; otherwise your separation could leave you in a vulnerable position.

Types of Separation

There are 3 different types of separation:-

1. Informal Separation

Firstly, you may wish to separate informally, agreeing the terms of separation between you. There are occasions, however, where you have a legal obligation to inform certain authorities of your separation. For example, if you are receiving benefits then you must tell your benefits office, or if you are getting tax credits you need to inform HM Revenue and Customs.

2. Judicial Separation

Judicial separation involves applying for a court order which ceases a married couple’s obligation to live together. It is not a frequently chosen option, as it does not legally end the marriage and thus neither person is permitted to marry again. However, it can be useful if you have religious and/or moral objections to divorce.

3. Separation Agreement

Lastly, you may want to create an official Separation Agreement. This is a popular choice with separating couples, as it has the benefit of being a written recording of negotiated terms and conditions. For example, you may decide how assets should be split, who a child should live with and maintenance payments.

Once drawn up and signed, your agreement will be formally registered in the Books of Council and Session in Edinburgh. This will then be legally binding until divorce is granted, or until measures are taken in court to change the agreement.

Divorce After A Separation Agreement

The existence of a Separation Agreement makes the divorce process both quicker and easier. That is because many, if not all, the terms of divorce will already have been decided. This will include issues such as who will live in the matrimonial home, how finances are to be shared, and arrangements for any children. Should each party continue to be happy with the conditions laid out in the Separation Agreement, then a divorce can proceed on an uncontested basis, saving you both time and money.

Speak To An Edinburgh Solicitor

Here at McKay Norwell we understand that separation is a distressing time during which you will need guidance and support. We can discuss the various type of separation with you, helping you decide which best suits your situation. If you then wish to draw up a Separation Agreement, we can offer our professional services to assist in negotiating the terms on your behalf, ensuring your needs are taken care of and all legal requirements are met.

Simply call us for a free assessment immediately on 0131 222 8000 or complete the enquiry form on the right of this page and we will be delighted to help you.