Edinburgh Research Archive

Legally binding agreements: property division and child care when relationships break down

dc.contributor.author
Jane, Mair
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dc.contributor.author
Wasoff, Fran
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dc.contributor.author
Mackay, Kirsteen
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dc.date.accessioned
2014-04-29T15:38:32Z
dc.date.available
2014-04-29T15:38:32Z
dc.date.issued
2013-06
dc.description.abstract
In Scotland, couples are able to enter into a written agreement regulating the division of their property and any ongoing support for each other, or for their children, when they separate. These ‘minutes of agreement’ mean individuals do not have to go to court. They may register their signed agreement in the Books of Council and Session where it becomes a legally binding agreement with the same force as a court order. Spouses wishing to divorce still have to obtain a divorce decree from the court, but the court is under no obligation to review the content of the minutes of agreement about property at that point. Usually people only become aware they can reach agreement over their property in this way after consulting solicitors who advise their client what their rights are, based on the provisions of the Family Law (Scotland) Act 1985.
en
dc.identifier.uri
http://hdl.handle.net/1842/8768
dc.language.iso
en
dc.publisher
CRFR
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dc.relation.ispartofseries
Briefing 68
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dc.subject
Couples
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dc.subject
Divorce and separation
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dc.subject
Family policy and law
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dc.title
Legally binding agreements: property division and child care when relationships break down
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dc.type
Article
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