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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
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If a husband and wife have agreed on the details of a seperation

Customer Question

If a husband and wife have agreed on the details of a seperation agreement and the husband goes to a solicitor to organise it, will the signed agreement still be legally correct and binding I'd the wife has not sought out any legal advice beforehand?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The agreement has to narrate that both parties have taken separate legal advice or, having had the opportunity of taking such legal advice, they have declined to do so. That has to be put in as a clause in the agreement to avoid any argument on the part of the wife afterwards that she hasn't been given the opportunity of taking legal advice.
I hope this helps. Please leave a positive response so that I am credited for my time.