I've just been told I need a Separation Agreement prior to selling house

[LiarsWife]

I've just contacted a conveyancing lawyer and she has told me I need a separation agreement before we can sell

What does the separation agreement entail? Is there a standard form?

I want to get as much info in place before going to the solicitor to get it rubber stamped.

I take it STBXCH also needs a solicitor to represent him in this too??

Thanks

That's incorrect. There is a risk that if either of you changes your mind about the eventual split before the property is sold then the net proceeds might have to be held by the conveyancing solicitors pending agreement or court order.

It is, of course, eminently sensible to agree the financial settlement before the property is sold, and daft not to try. That settlement should be ratified by the court within divorce proceedings, or if there are no divorce proceedings, in a deeed of separation. They are non-standards forms and without having legal qualifications you won't be able to do one.

I'm in Scotland Collaborate - does that make a difference?

It might do, though I suspect not. What has it got to do with the land registry whether you are separated? You'd still be daft not to box off the divorce financial settlement by seeing a solicitor and sorting it out properly first.

You need a separation agreement to protect your positions before selling the property. In Scotland finances are separated by means of a separation agreement (or an order of the court) before divorce. A separation agreement is considered a legally binding contract once it has been registered through the courts.

There is no standard form. Considerable knowledge and experience of the law is required to draft the terms of an agreement in light of the particular circumstances. If you can agree the terms for sharing matrimonial assets, including any pensions, between yourselves it is possible to write down what has been agreed and one of you take it to a solicitor. The solicitor (who will be acting for that party alone) can then draft the agreement. The other spouse should seek their own independent legal advice.

There is only one divorce decree granted when there are no outstanding financial matters. Financial claims cannot normally be made after the divorce.