• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Edinburgh 0131 202 7516
Glasgow 0141 404 0436
  • Home
  • Blog
  • About Us
  • Testimonials
  • Contact Us
  • Fees 

Gibson Kerr

Personal, Family Law & Property

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

  • Divorce & Separation
    • Divorce in Scotland
    • Separation Agreements
    • International Divorce
    • Cohabitation Rights Scotland
    • Dissolution of Civil Partnerships in Scotland
    • How Can I Resolve My Divorce Dispute?
    • Fixed Fee Family Law Promotion
  • Prenups & Cohabitation
    • Cohabitation Agreements
    • Civil Partnership Agreements
    • Prenuptial Agreements
    • Postnuptial Agreements
  • Child Law
    • Child Residence & Contact Scotland
    • International Relocation of Children
    • Adoption
    • Child Abduction
    • Dispute Resolution Options
    • Hague Convention
    • Education Law
  • Wills & Estate Planning
    • Intestacy
    • Wills & Will Writing
    • Executries
    • Living Wills
    • Unmarried Couples’ Rights on Death
    • Claims on Inheritance by a “Common Law Spouse” (Cohabiting Partner)
    • Probate in Scotland
    • Power of Attorney
    • Guardianship Orders
    • Intervention Orders
    • Estate Planning
    • Cost of Care
    • Trusts
    • Foreign Estates with Assets in Scotland
    • What Happens When Someone Dies in Scotland?
    • Fixed Fee for Wills and Power of Attorney
  • Financial & Tax
    • Financial & Tax Planning
    • Inheritance Tax
    • Insurance Advice
    • Settlement Agreements
  • Residential Property
    • Properties for Sale
    • Buying Property
    • Selling Property
    • Videos: Buying and Selling Property
    • Joint Purchaser Agreements
    • Equity Release
    • Mortgage Advice
    • LBTT / Stamp Duty Scotland
    • Property Transfers
    • Home Reports
    • How to Present Your Property for Sale
    • Boundary Disputes Solicitors
Blog

When Love Has Gone: Five Steps Towards Separation

11th February 2019 Posted Under: Separation

When Love Has Gone: Five Steps Towards Separation

Separating from your partner or spouse will always be difficult. Follow these five steps at the initial relationship breakdown to be in the best position to move forward with life after separation.

Step 1: Decide Who Will Leave

You need to decide who will leave the joint home and where your children or pets will live.

You will in most cases both have occupancy rights, whether or not you jointly own/lease the property. Both of you can choose to remain in the property however this can cause difficulties, even in an amicable separation.

Step 2: Gather Documents

In a relationship various assets (possessions) are accumulated and various liabilities (debts) are incurred. You need to know what these are.

Most couples keep papers together in one place. Even if you’re remaining in the home it’s essential that you gather and, if necessary, photocopy all documentation you can find relating to assets and liabilities. The more paperwork you have the better informed you will be.

This step is even more important if you have been content to allow your partner to deal with all the finances during the relationship.

Step 3: Make A List

Once you’ve gathered the documents, make a list of everything with values as at date of separation where you can. This is particularly important if you are married because the assets and liabilities are the “matrimonial property.”

Matrimonial property is defined as any property acquired during the marriage and owned by the parties at the date of the separation. It is intended to include property acquired by the parties by their own efforts. This means inheritances and gifts from third parties are excluded from the definition of matrimonial property. Most property acquired by one party before marriage is also excluded, unless it was purchased for use as a family home. However, if inheritances and gifts are used during the marriage to acquire other assets this converts those assets into matrimonial property.

The date of separation is a crucial date and you should not agree a date of separation with your partner before speaking with a solicitor.

Step 4: Decide What Matters To You

You should consider all aspects of your relationship: from your children, your home and your pets through to that tourist painting you picked up on holiday one year. It’s essential to make a note of which things are important to you. A solicitor can only assist if they understand what really matters to you as an individual.

Everyone is different so don’t assume you and your partner will attach sentimental value to the same items. It’s worth considering what you are happy to part with and what you will not give up under any circumstances.

This is important because the first step towards divorce is usually to put in place a Separation Agreement. This is a binding contract setting out exactly what will happen to your assets and liabilities together with any children and pets. It is an agreement and therefore is developed through substantial negotiations in most cases.

Step 5: Get Legal Advice

The law regulating the division of assets on divorce is contained in the Family Law (Scotland) Act 1985. The ethos of this Act is that matrimonial assets and liabilities should be shared fairly between the parties. This normally means that assets and liabilities will be shared equally, but there are many circumstances where this isn’t appropriate.

A qualified solicitor will be able to provide guidance and reassurance throughout the difficult process of separating and potentially divorcing from your partner. Go to the Law Society of Scotland’s “Find a Solicitor” webpage and search for a solicitor in your area who specialises in family law.

Separation or divorce is never easy, but the right advice can make it less painful. Our family divorce lawyers support many people through this emotional time. Contact us for further advice or help.

Related

Family Law team at the 2023 Family Law conference at St Andrews

Family Law Association AGM 2023

15th November 2023

What’s happening in the property market in Autumn 2023?

What’s happening in the East Central Scotland property market in Autumn 2023?

6th October 2023

Aspiring law student?

Aspiring law student spends a week with Gibson Kerr

30th June 2023

Primary Sidebar

Blog Categories

  • Careers in Law
  • Child Law
  • Divorce
  • Education Law
  • Elderly Care
  • Executries
  • Family Law
  • Financial & Tax
  • Guardianship
  • News
  • Personal Law
  • Power of Attorney
  • Prenuptial and Cohabitation Agreements
  • Property
  • Property Transfers
  • Separation
  • Trusts
  • Uncategorised
  • Wills

Latest posts

Will Aid 2023

7th December 2023

Family Law Association AGM 2023

15th November 2023

What’s happening in the East Central Scotland property market in Autumn 2023?

6th October 2023

Footer

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

Locations

Edinburgh

Family Law, Personal Law
&
Property Law

6 Randolph Crescent
Edinburgh
EH3 7TH

t: 0131 202 7516
f: 0131 557 5215

dx: 551100 Edinburgh 7

e: edinburgh@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

Glasgow

Personal Law & Family Law

1 West Regent Street
Glasgow
G2 1RW

t: 0141 404 0436

e: glasgow@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

  • Family Law
  • Personal Law
  • Property Law
  • Home
  • Blog
  • Disclaimer
  • Cookie Policy
  • Privacy Policy
  • Legal Notice

© 2023 Gibson Kerr · Site by Kate Amann

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent. See our cookie policy.
Cookie SettingsReject AllAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-advertisement1 yearSet by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category .
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
CookieLawInfoConsent1 yearRecords the default button state of the corresponding category & the status of CCPA. It works only in coordination with the primary cookie.
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThe _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
_gat_gtag_UA_110715042_11 minuteSet by Google to distinguish users.
_gcl_au3 monthsProvided by Google Tag Manager to experiment advertisement efficiency of websites using their services.
_gid1 dayInstalled by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.
CONSENT2 yearsYouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
_fbp3 monthsThis cookie is set by Facebook to display advertisements when either on Facebook or on a digital platform powered by Facebook advertising, after visiting the website.
fr3 monthsFacebook sets this cookie to show relevant advertisements to users by tracking user behaviour across the web, on sites that have Facebook pixel or Facebook social plugin.
IDE1 year 24 daysGoogle DoubleClick IDE cookies are used to store information about how the user uses the website to present them with relevant ads and according to the user profile.
test_cookie15 minutesThe test_cookie is set by doubleclick.net and is used to determine if the user's browser supports cookies.
VISITOR_INFO1_LIVE5 months 27 daysA cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
YSCsessionYSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.
yt-remote-connected-devicesneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt-remote-device-idneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
Powered by CookieYes Logo