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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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My daughter recently separated from her husband of 3 years

Resolved Question:

My daughter recently separated from her husband of 3 years and has been advised to obtain a Separation Agreement. She has downloaded a Deed of Separation template - in Scottish law is this the same as a Separation Agreement?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
A template will give the general layout and style of a separation agreement. It will not, however, personalise the documents into what is probably required between the parties.
A separation agreement is a very important document between husband and wife as it deals with issues involving children and finances. It is not a document that should be self drafted. Both parties should take separate and independent legal advice on the contents of a separation agreement. If they do not take legal advice, there are circumstances where by the courts may refuse to recognise the separation agreement.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Sorry but the question was is a Deed of Separation the same thing as a Separation Agreement in Scots law?

Expert:  JGM replied 2 years ago.
The term Deed of Separation is never used in Scotland. Separation Agreement, Minute of Agreement perhaps. I suspect the Deed of Separation if it's downloaded from the Internet will be English and therefore of no use.
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