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Minute of agreement meaning

Published by a LexisNexis Family expert
What does Minute of agreement mean?
In Scots law, a minute of agreement is a formal written contract between parties—most commonly separating spouses or civil partners—recording agreed financial and other arrangements (for example, capital payments, transfer of heritable or moveable property, and aliment/maintenance). If it includes consent to registration for preservation and execution and is registered in the books of council and session, it is directly enforceable by diligence without raising separate court proceedings. The term is used in practice rather than defined exhaustively in legislation. Separation agreements are recognised by section 16 of the Family Law (Scotland) Act 1985, which permits the court to vary or set aside terms that were not fair and reasonable when made. A minute of agreement is not a court order and does not receive judicial scrutiny on its merits. This contrasts with England and Wales and Northern Ireland, where a financial settlement on divorce or dissolution is normally embodied in a consent order that must be approved by the court. In Ireland, parties often use a deed of separation, while financial provision on divorce or judicial separation is made by court order. The instrument is widely used in Scottish family law practice for certainty and swift enforcement.
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NEWS
Property disputes weekly update: Supreme Court knotweed causation, director's lease void, boundary via aerial photographs, bankruptcy stay principles, key Scottish cases, HMLR updates, reform bill trackers—9 May 2024

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PRACTICE NOTES
UK bank ring-fencing regime: purpose, scope, legal framework and Part VII FSMA Ring-fencing Transfer Schemes (RFTS)

IP COMPLETION DAY: At 11pm (GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s withdrawal from the EU comes to a close. In UK law this moment is termed ‘IP completion day’. From that point, core transitional arrangements end and significant changes start to take effect across the UK’s legal framework. This note provides guidance on areas affected by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for lending lawyers? [Archived]. BREXIT: From 31 January 2020, the UK is no longer an EU Member State, but entered an implementation period during which, for many purposes, it continues to be treated by the EU as a Member State. As a third country, the UK cannot participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), yet it must continue to meet its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit...

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PRACTICE NOTES
UK oil and gas after Brexit: TCA and assimilated law—implications for gas trading, offshore safety, licensing, immigration, trade in goods and sanctions

Introduction This Practice Note offers a concise overview of how Brexit-related publications and announcements have affected the UK oil and gas sector, and what this means for the industry after IP completion day. On 23 January 2020, the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) was enacted, allowing the government to ratify the Withdrawal Agreement and transpose its terms into domestic law. Consequently, under EU(WA)A 2020 the UK continued to be legally subject to EU law throughout the transition/implementation period set out in the Withdrawal Agreement. At 11 pm (GMT) on 31 December 2020, that Brexit transition/implementation period ended. From that moment (defined in UK law as ‘IP completion day’), key transitional measures ceased and substantial changes started to operate across the UK’s legal framework. On 24 December 2020, the European Commission and the UK government declared an agreement in principle on the legal basis for the future UK-EU relationship. Announced only a week before IP completion day, the EU-UK Trade and Co-operation Agreement (TCA), together with related...

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PRACTICE NOTES
Brexit IP completion day: legal implications for UK local government, citizens' rights, the EU Settlement Scheme, assimilated law and workforce access

ARCHIVED: This Practice Note has been archived and is not maintained. At 11 pm (GMT) on 31 December 2020, the implementation period ended, concluding the UK’s move away from the EU’s legal frameworks and bodies. From that moment—described here as ‘IP completion day’—the UK’s legal landscape altered materially. On 24 December 2020, the European Commission and the UK government revealed an agreement in principle on the legal basis for the future UK–EU relationship. Arriving barely a week before IP completion day, the EU–UK Trade and Cooperation Agreement (TCA), together with related accords, was finalised at the last minute, allowing scant opportunity to establish the legal and practical measures needed to render the deal fully functional. The agreement was executed on 30 December 2020 and secured approval from the UK Parliament (with accompanying implementing legislation). Owing to the compressed timetable, the UK and EU consented to apply the deal provisionally from 1 January 2021, while awaiting the EU’s full ratification. The provisional TCA, alongside its associated agreements, declarations and regulations,...

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PRECEDENTS
Settlement agreement precedent (Scotland) for civil court or arbitration disputes, including release, agreement not to sue, confidentiality and joint minute

This Agreement is dated [ date ] Parties [ insert name of the pursuer ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Pursuer) [ and ] [ ; ] [ insert name of defender ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Defender). Each being a Party and, together, the Parties. Whereas (A) [ Insert details of the background to the dispute eg ‘The Parties entered into a contract for the supply of certain goods etc ]. (B) A dispute has emerged between the Parties regarding [ insert details of the dispute ] (the Dispute). (C) [ Proceedings were raised by the Pursuer against the Defender on [ date ] by way of [ Summons OR...

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