Pre separation/divorce agreement???

46016Oscar

alligin said:

To answer the original question:

Just wondering if we can make a legally binding agreement before waiting on divorce agreement???

Yes.

In Scotiand you can draw up a 'Minute of Agreement' that can be binding on death or divorce.

It is critical that both parties take independent legal advice.

Then, assuming that has been done, when a divorce is petitioned, a Sherriff will review the document. If the Sherriff is satisfied that it is fair and that children are provided for, then nothing further will be needed.

Hi - is there a similar thing as the minute of agreement for england and wales?

pinkshoes

s4uch1e said:

Unfortunately not as one bought for daughter,  other one bought fir son and finally other one bought for my father. Think she will have to say she homeless as no other issues

I think you need to be far more realistic here.

It doesn't matter that the houses are in your name. As your wife she will been seen as owning half.

The council are not going to be re-housing someone who owns a 50% share in 4 properties, or she will be so low down on the priority list she will probably die before being rehoused.

So you are correct to want to draw up an agreement, but you also need to be far more realistic about living arrangements.

1. Sell the property you are both living in and split the cash 50/50 as a deposit for somewhere else? Or both rent elsewhere?
2. Could you move in with your dad? (you did buy him the property after all...)
3. One of you move into a private rental.

caprikid1

"I'm not looking for advice on how to get one over on her as I'm happy to give her what she wants, but at same time this has been a bit of a shock to me and i don't want too lose everything.
just want to know if we can legally agree on who gets what without waiting on divorce "

Not sure of scottish law but as far as I know there is no way other than divorce to legally agree a settlement of this nature, there are in UK law separation agreements but they are merely a strong consideration in court not legally binding from what I was told in my divorce.

As has been stated though, 4 houses not sure what planet you live on if you think she can get council housing, maybe scotland is different. As has been stated, just go for 50% of everything and move on with your life.

Not sure on the value of the houses but it may be worthwhile to transfer those in the near future and withdraw the cash to fun your next house purchase etc, as you get older it make sense to start to move assets to your children if you are likely to hit IHT thresholds.

[Deleted User]

Split everything 50/50 and you still end up with 2 houses. Not many people come out of a divorce with 2 houses.

alligin

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caprikid1 said:

Not sure of scottish law but as far as I know there is no way other than divorce to legally agree a settlement of this nature, there are in UK law separation agreements but they are merely a strong consideration in court not legally binding from what I was told in my divorce.


This is not true in Scotland.
Scots law is very different when it comes to separation and divorce.

In Scotland the clock stops on the date of effective separation (you can separated but still married and be living in the same house), and a minute of agreement, pre-divorce, can be made legally binding.