Airdrie – Cumbernauld – Motherwell – Bellshill – Coatbridge – Wishaw
Hamilton Ross
Solicitors and notaries
Serving Clients in Lanarkshire for over 15 Years.

Separation Agreement And Fairness in Family Law

The circumstances required to vary a minute of agreement under the power in s 16 of the Family Law (Scotland) Act 1285 were rehearsed in Anderson v Anderson 2015SCGLA65 (6 October 2015).

The defender suffered from a moderate depressive illness, elements of which may have arisen from the stress of the separation and a subsequent relationship. While she may have been more likely to make poor decisions, this could not be determinative of whether the agreement was fair and reasonable. She had received sound legal advice, there was no evidence of pressure being exercised by the husband to enter into the agreement.

The fact that there was an inequality in the division of assets did not mean the agreement was unreasonable. The defender traded that inequality for a sense of security and peace of mind at that point in her life.

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