Separation Agreement Scotland

This is the property held by the parties in the marriage/civil partnership. However, the property must have been acquired after the date of marriage/life partnership, but before the date of separation. As usual in the legislation, there are a few exceptions. If, during the marriage, one of the parties inherited either a property or money from another person like his or her parents, this is not considered marital property. The same goes for a gift received by a third party, for example. B a painting offered to one of the spouses by his parents, would not be considered a marital property. If the hereditary or gifted object, however, is money and the party then buys an object with it for use in marriage, z.B. a car, then the car becomes marital property. You should ask the court for a “separation order.” Once the terms of a separation agreement are negotiated and agreed between the separation couple, their lawyers will develop and register the document. After registration, the document has the same force as a court order and its conditions can therefore be applied in the same way – meaning that if one of the parties violates the conditions, it will have legal consequences. In very rare cases, “judicial separation” or “legal separation” is used for persons who do not divorce or do not wish to break up their partnership or who cannot do so for religious reasons.

The current legislation does not say that assets are distributed equitably, it stipulates that there should be a fair distribution of assets. An equitable distribution of assets is a fair distribution, unless there are special circumstances. The current legislation lists 5 specific circumstances, such as an agreement between the parties. B.B.b the source of the original money and savings, which a party had before the marriage, c. any destruction, dissipation or disposal of assets by a party, and this could relate to matters such as gambling and a party, using a sum of money or assets to finance dependence and thus reduced the amount of marital assets, d. the type of marital property or the use of it e. expenses made by both parties with respect to divorce.

Comments are closed