Divorce in Scotland Separation Agreements

Separation Agreement Scotland

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Separation Agreements

ENTERING INTO SEPARATION AGREEMENTS

In relation to written agreements between parents regarding children, lawyers are not always very good at explaining that while it’s fine to draw up a written separation agreement concerning say arrangements for contact or residence,  these separation agreements are most definitely not legally binding.  Parents can’t be held to these agreements and under Scots law, no parent can ‘sign away’ any parental rights. 

Separation agreements like this are useful, however, simply as a record of what was agreed at a specific time and they can be used in court as evidence of unreasonableness in the event of an agreement not being adhered to.  Such agreements though can never stop a parent arguing that circumstances have changed and that therefore the agreement shouldn’t apply any more. 

 Anybody therefore entering into such a separation agreement in Scotland, needs to be absolutely clear about the obvious limits of these.

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