How To Get Separated
Firstly, and before divorce proceedings begin we are often asked how to get separated or how long must we be separated before we can divorce? As a specialist law firm in Edinburgh we would often see Separation agreements as the first step as this involves negotiating an agreement in relation to access to children, the family home or finances. These agreements are extremely important as they will go a long way in determining what will happen once a divorce is finalised. So if you are looking at how to get separated get advice on a separation agreement from a trusted law firm such as ourselves.
How to get separated – what detail is involved
Divorce rights in Scotland and indeed Edinburgh usually means that financial provisions may be applied for from the other party. There is also a “clean break” principle in Scotland, to allow the wife or husband to split completely but periodical allowances can be granted in certain circumstances.
Property needs to be taken in to consideration when looking at how to get separated. All property that is owned at the time of separation is looked upon as matrimonial property and the property will have to be shared fairly between the parties, bear in mind when we say fairly, in some circumstances this does not necessarily mean shared evenly, for example if one of the parties involved gave up her career for the chil
dren of the marriage then they may receive more of a share of the property. If you are looking at how to get separated careful preparation can save thousands especially if gifts or pre marriage pensions are not included in the Matrimonial property calculation.
At the very beginning of any marriage breakdown divorce is usually the last route that needs to be taken which is why in most cases we would advise that everything is reflected and negotiated and included in a separation contract. With us this will be tailored to suit your individual needs which in the long run will help get you the best result possible.
In some cases, how to get separated can be tricky and can sometimes lead to contested divorce actions where the negotiations for the separation contract do not work. Our team of highly experience lawyers are here to help in all types of different circumstances.
If a separation agreement is agreed, then a divorce action is usually undefended. The most common cases that reflect an un defended divorce are;
Non-cohabitation for one year or more with the other party’s consent
Non-cohabitation for two years or more without the other party’s consent
In some case a layer may have very little input and therefore a couple can get what is known as a D.I.Y divorce if;
There are no children of the marriage under the age of sixteen
Neither party wishes to claim money from the other
How to get separated – get in touch
For sympathetic and experienced advice why not call our team today and they will talk you through how to get separated.
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