• About Kee Solicitors - Family Law Specialists Glasgow, Aberdeen, Scotland

    Our specialist, Glasgow-based family lawyers provide expert advice and representation

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Our Family Law Practice

Providing representation across Scotland.

Kee Solicitors from the outset was set up to be a modern, transparent and approachable law firm. We have central and accessible offices in Glasgow and Aberdeen. 

It is not always essential for you to meet your Solicitor face to face; therefore, we also offer Facetime and Skype meetings if you prefer. We can provide you with excellent service across a range of legal matters that arise in the course of family life.

Meet The Team

Are Separation Agreements Legally Enforceable?

This blog will outline how separation agreements are enforced and to what extent they can be.

One of the most common points of confusion regarding separation agreements is whether or not they are enforceable. This is crucial to consider whether you need to challenge an agreement you have made or whether your agreement is being challenged.  As with all legal matters, everything must ultimately be decided on a case by case basis. Speak to our experienced team today for tailored advice by calling 0141 478 9090.

How to Enforce a Separation Agreement

Separation agreements are a contract. This means they are enforced in the same way as any other contract, with the same legal rights and limitations.

So what does this mean for your separation agreement? The first thing to note is that these contracts are not court orders. In fact, the court has no involvement in the formation of a separation agreement at all.

If a court orders that one party to a relationship must be given two days of contact time with a child, this is immediately legally enforceable. The court can intervene directly to ensure the contact agreement is upheld.

Enforcement of contracts is different. The courts will need to examine the contract, what was agreed, and the circumstances through which it was decided to determine whether the contract is legitimate and whether individual clauses are enforceable.

In summary, if separation agreements are drafted and formalised correctly, they are legally enforceable as they are legally binding contracts. However, contracts can also be challenged, and anyone party to an unfair separation agreement may be able to get out of it.

Given that contracts can be challenged, you must seek reliable legal advice when drafting a separation agreement to ensure it is legitimate and valid for enforcement. We have helped countless couples reach a legitimate separation agreement, so get in touch with our experienced team today.

Can I Challenge My Separation Agreement?

Since separation agreements are a contract between two private parties, they can be challenged in many ways from the agreement as a whole to individual clauses:

Contract Made Under Duress

For a contract to be legitimate, both parties must freely consent to its formation. If you have been forced or pressured, emotionally or physically, to sign a separation agreement you aren’t happy with, the courts will declare the agreement as illegitimate.

Emotional or physical domestic abuse, along with other forms of unreasonable behaviour, can play a significant role in many people signing an agreement, and as such, may be a relevant factor in the courts voiding the contract. 

Lack of Legal Capacity

Another vital element of Scots contract law is that both parties have the mental capacity to consent to a contract’s formation. For example, a contract may have be overturned if one party was temporarily or permanently mentally impaired.

Misrepresentation

The courts may void a contract if they feel one party significantly relied on a statement, or statements, made by the other party to agree to the contract if the statement turns out to be untrue.

There are countless examples of how one party may have had the separation agreement and its consequences misrepresented to them – especially in cases where the other party to the agreement arranged all of the legal advice without much input from the other.

If you feel you have been misled concerning a separation agreement, you may be able to challenge it in court.

Get in Touch

If you have a separation agreement in place that you want to enforce or challenge, our experienced team of solicitors can offer reliable and informed advice, so you know exactly where you stand.

If your agreement is in danger of being challenged, we can tell you exactly what chance you have of enforcing it legally. If you want to challenge an agreement, we will examine your circumstances and advise you precisely how likely it is the courts will void the contract.

However, everything needs to be worked out on a case-by-case basis, so we must speak to you about your individual situation and circumstances. It all starts with a conversation, so talk to one of our solicitors today.

Contact Us TodaySeparation In Scotland

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Kee Solicitors

  • Suite 5, Buchanan Business Centre,
    Cumbernauld Rd, Stepps,
    Glasgow, G33 6HZ

Tel: 0141 478 9090