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Using Lawdepot to create a seperation agreement

(7 Posts)
inmyshoos Fri 24-Feb-17 21:27:14

Has anyone used lawdepot to make a seperation agreement. Stbxh and I know how we want everything split and are happy re child contact etc do we actually need to involve lawyers or can we just make a document and register it? (In Scotland)
My friend is a conveyancing lawyer and when i mentioned it to her she had this face shock

JaffaCakesMum Fri 24-Feb-17 22:46:59

My STBXH had used an online separation agreement template to make up a draft. I emailed it to my solicitor and she said using an online template is dangerous and foolhardy. I am also in Scotland. My understanding is that it has to be done up in a certain way and be entirely water tight because once it is registered it is very difficult to it changed.

whereisthesunshine Sat 25-Feb-17 06:40:36

We used the lawdepot template. H left me after a fairly short marriage (4 years but 10 year relationship), marital assets were limited and we have no dc. It serves our purpose for the time being and we will probably go down the route of a dyi divorce should we ever divorce.

JaffaCakesMum Sat 25-Feb-17 07:23:43

I should also have mentioned we were married for 24 years so have quite a bit of assets to split and we have 2 DCs.

MrsBertBibby Sat 25-Feb-17 07:32:52

Would you buy a house without paying for a lawyer and a surveyor to make sure you're not buying a nightmare?

If so, go for it you crazy thrill-seeker!

If not, bear in mind that a divorce settlement is a bigger transaction even than housebuying, and ffs shell out a few hundred to make sure you're not screwing up your own and your kids' whole financial future.

EnormousTiger Sat 25-Feb-17 19:29:09

inmy, you are in Scotland so only Scottish law will be right to you. Are you married>? I think yhou mention "h" so presumably you are. If so then you need to make sure the court seals the financial agreement/order (in England that would be a consent order).

In England it would be a divorce agreement regarding finances - a consent order and it is not legally valid unless the court seals it and it is usually done before decree absolute. Not sure about Scottish law. In England you would need to be careful whether it was a clean break or on going maintenance for one of the spouses.

If you are not married it is very different In England anyway although Scotland has different rights to unmarried partners than England.

lizzyj4 Thu 02-Mar-17 14:57:53

I did our separation agreement (in Scotland) - using a couple of online templates and a lot of research. I also registered it with the Books of Council and Session in Edinburgh. So it can be done. But it's a lot easier/safer to get a solicitor to do it for you tbh, to ensure everything is covered, especially if the separation agreement is to be used as the basis for your divorce. Scottish law is quite different from English law on divorce and a lot of the advice online doesn't apply to Scotland or is just incorrect. Even templates that say they cover Scotland seem to miss important things out. Bruce de Wert is a reliable source of online info on Scottish divorce - www.myscottishlawblog.co.uk/ - He also runs myscottishdivorce.co.uk - which is the online divorce service I used.

Bear in mind that in Scotland, everything has to be agreed before you can divorce and once the separation agreement has been registered at Edinburgh, it's pretty much set in stone, so you really don't want to make any mistakes with it.

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