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Practical tips and legal considerations on how to prepare to separate

27 January 2020 Family Law Stuart Hunter

When a relationship breaks down and parties separate, for whatever reason, it is inevitably a difficult experience. So it pays to be educated and to do your research on how the divorce process works as well as getting organised financially before you set the wheels in motion.

From organising papers and ascertaining financial fitness (determine the marital estate’s net worth), to safeguarding valuables and consulting with a lawyer, there is a lot to think about.

It is also a good idea to try to make some of the practical decisions to help avoid contested court proceedings. This will hopefully make the process less stressful and less expensive.

Before signing a separation agreement, think about the following:

  • Make arrangements for the children - where they are to live and when they are to see the parent they are not living with.
  • Make sure you are able to meet your living expenses while everything else is sorted out (in the short and long term).
  • Identify the assets which need to be divided, and their value.
  • Explore the options as to how the assets can be divided.

If agreement is reached on all these issues, a binding legal agreement (separation agreement) is signed.

It's not always possible for separating couples to come to agreement on contact with children, property and money issues. Traditionally this has always been resolved through the court but there are alternative options for dispute resolution such as mediation and collaborative practice.

Macnabs boasts one of the most experienced and highly qualified teams of Family Law Solicitors in Scotland and our expert family law team can guide you through the process and let you know your options and help alleviate as much of the stress as possible.

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