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Separation Agreement

Governing Law
The laws of the country you select will be used to enforce this agreement and will be used to help resolve any disputes. (Required)
Your will be governed by the laws of the selected jurisdiction. Also, it will be tailored to meet the specific laws and regulations of this jurisdiction.
Frequently Asked Questions

Why have a Separation Agreement?The Separation Agreement is ideal for couples who intend to stop living together but are not ready to apply or raise an action for divorce.

The purpose of the Separation Agreement is to formalise the agreement between you and your spouse concerning the division of property and debts as well as the details of residence, contact arrangements and maintenance for any minor children of the relationship.

Often couples can not afford to wait for a divorce to make it through the courts to divide their property. Deciding who gets the car, and whether to sell the house, are often critical to the livelihoods of all involved. LegalContracts's Separation Agreement will allow you to deal with these issues quickly and easily.

Parties

Husband
Wife
Frequently Asked Questions

Will my information be kept confidential?All information entered on the LegalContracts website is kept strictly confidential. However, if you are reluctant to fill in information of a private nature then leave those fields blank and write in the information in the space provided on your final printout.

Marriage Information



Indicate if you have already separated and are ‘living separate and apart’. Note that living separately does not necessarily mean having separate residence. If your relationship has ended but both spouses are still living in the same home for one reason or another (e.g.: financial reasons), then it may still be possible that you are considered to be living ‘separate and apart’ provided you are no longer behaving as though you were married.

Children

Frequently Asked Questions

When is a child financially dependent?In addition to 'parental responsibilities' such as providing guidance to the child, maintaining contact with the child and promoting the child's development, the parents must also provide financial support to their dependent child. A dependent child can be any of the following:

- Under the age of 18, unmarried and financially dependent on the parents; or
- Over the age of 18 and under the age of 20, unmarried and attending an accredited third-level educational institution as a full-time student.

Note that under special circumstances, such as disability of a child, the court may order ongoing child maintenance for a child over the age of 18.

Spousal Maintenance

If a lump sum payment is desired then the lump sum payment for spousal maintenance is in addition to any distribution of money or property in the Property Distribution section.Periodic payments are relatively uncommon in Scotland. If periodic maintenance payments are awarded, they will continue for no longer than 3 years.

Any agreement not to apply for or follow a court decision concerning spousal support will not be valid.

Matrimonial Home

Income

Husband

Employment Income

Other Income (Non-employment)
For full and complete disclosure, indicate all non-employment income sources (Husband only) even if the actual income this year was zero or negative.
(e.g. stocks, bonds, businesses, rental property, etc.)

Estimate the annual amount you reasonably expect to earn from non-employment sources.
Total annual income from all other sources for the Husband.

Wife

Employment Income
Wife's total annual employment income:

Other Income (Non-employment)
For full and complete disclosure, indicate all non-employment income sources (Wife only) even if the actual income this year was zero or negative.
(e.g. stocks, bonds, businesses, rental property, etc.)

Estimate the annual amount you reasonably expect to earn from non-employment sources.
Total annual income from all other sources for the Wife.

Property Distribution


Husband

List all the real or personal property items the Husband will receive.
(Do not include the matrimonial home).

Wife

List all the real or personal property items the Wife will receive.
(Do not include the matrimonial home).

Common Property

List all the real or personal property items to be sold for cash and divided.
(Do not include the matrimonial home).

Frequently Asked Questions

How should the property be divided?There is no set formula for division of property. You should consider the contributions of each party to the family finances, the length of the marriage, and the future earning capacity of each party.

In addition, you should also consider factors such as economic disadvantage suffered by a party due to marriage, for example, a party giving up work or the opportunity of pursuing a career in order to raise a family.

Also note that the courts have the discretion to set aside any agreement that is deemed as unfair and unreasonable.
What does property mean?Property includes cash, bank accounts, stocks, bonds, mutual funds, pensions, retirement plans, furniture, cars and other vehicles, jewellery and collections. Property for distribution also includes any real property (for example: rental properties, or investment properties) other than the matrimonial home.

Pensions - There are three ways pension could be split:
1) Sharing: an agreed share of your ex-spouse’s pension is transferred into your name;
2) Attachment: an agreed amount of your ex-spouse’s net pension income or lump sum will be received by you when your ex-spouse starts taking his or her pension; or
3) Pension offsetting: when the value of the pension is offset against the value of other matrimonial assets of the parties. For example: title to the matrimonial home is transferred in the name of one spouse, in exchange for the other party being able to retain their pension.

We suggest that you have the pension valuated for its present and future value before it is split.

Also note that a Court Order would be required to give effect to any agreed pension sharing arrangement.

Inheritance or gift - Property that one spouse receives through an inheritance or gift is not normally considered matrimonial property, however, it should be listed here for the purpose of full disclosure.

Property owned before marriage - Property that one spouse owns before marriage is normally not considered matrimonial property, however, it should be listed here for the purpose of full disclosure.

Division of Debts

Husband

Do NOT include debts related to the matrimonial home.
Indicate the number of debt items you need to list. You need to account for all debts such as credit card debts, car loans, personal loans, etc. Note: Debt responsibilities relating to the mortgage on the matrimonial home were assigned in the "Matrimonial Home" section and should not be included here.

Wife

Do NOT include debts related to the matrimonial home.
Indicate the number of debt items you need to list. You need to account for all debts such as credit card debts, car loans, personal loans, etc. Note: Debt responsibilities relating to the mortgage on the matrimonial home were assigned in the "Matrimonial Home" section and should not be included here.

Clauses

Choose from the following optional clauses:

In most cases a separated spouse will retain their succession or inheritance rights to the estate of their spouse unless those rights are specifically renounced in the separation agreement. Note that where any ongoing maintenance was agreed to or is reasonably owed then a surviving spouse could still claim against the estate of a deceased spouse.
A non-interference clause or non-harassment clause will state that each spouse agrees not to harass, intimidate or otherwise attempt to control the other spouse at their respective residence, place of employment or any other place.

Write complete sentences. Use plain English. Avoid legaleze. Ensure additional clauses do not contradict something that has already been said. Refer to people by name. "he", "she", "they" may be unclear in the final document.

Signing Details

The Husband and the Wife should not use the same lawyer. Each party should have their own lawyer to avoid any conflict of interest. Have each lawyer review this document before anyone signs.

Frequently Asked Questions

Should I get independent legal advice?If the Agreement seems to favour one party over the other, the Agreement may not be upheld by the courts. It is important for both parties to obtain full and independent legal advice.How long is the separation agreement valid for?Pursuant to the terms of this Agreement, it will remain in effect until:

- the Parties resume marital relations for a period of 90 days or more; or
- the Parties terminate this Agreement in writing and the termination is signed by both Parties.
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