ENTERING INTO SEPARATION AGREEMENTS

 In relation to children something that lawyers are not always very good at explaining is, that while it’s fine to draw up a written separation agreement concerning arrangements for couples’ children, these separation agreements are most definitely not legally binding.  Parents can’t be held to these agreements and under Scots Law, no parent can ‘sign away’ any parental rights. 

Separation Agreements like this are useful, however, simply as a record of what was agreed at a specific time and they can be evidence of unreasonableness in the event of an agreement not being adhered to.  Such agreements though can never stop a parent arguing that circumstances have changed and that therefore the agreement should no longer apply. 

 Anybody therefore entering into such a Separation agreement in Scotland, needs to be absolutely clear about the obvious limits of these. Contact us now for more information.