Financial Split via court in Scotland

Apologies for the long message, there are questions at the end!

Its been over 3 years since we separated.

In my mind everything is almost finalised, we have agreed a 50/50 split of proceeds from sale of the FMH,the kids live with me (one under 16), my STBX is no longer a part of our lives - his choice, but one that we are all comfortable with.

The final step before divorce is to get a financial split agreed. STBX produced one which did not cover the areas needed, my solicitor editied it to include the areas required, and added a clause in that states that if STBX works abroad he agrees to pay for the youngest in line with CMS calculations.

He doesnt like like the clause, and insists I should sign the first document (one that my solicitor has advised does not form a financial split).

The money from the house proceeds are sitting with the estate agent until we reach an agreement. It is approximately 90k.

STBX already has a legal bill of around 16k to pay from his share. I have covered my legal bils as they arose.

I emailed STBX brother to ask him to discuss the 2 docs with him and try and help him come to a solution that is mutually agreeable. STBX was CC'd on the email, and responded with a torrent of emotional and bitter abuse.

I am getting to the point where I think i will have to go to court to get this sorted, but am concerned about the court costs.

Here are the questions...

As a ballpark figure how much will going to court to enforce a financial split cost? I am in Scotland, in general it is my understanding that LIP does not happen here...

Second question - if we go to court will the costs be taken from the equity remaining before a split, and will STBX be allowed to get his current bills paid before the equity is split?

Third question - if I can demonstrate STBX is being unreasonable can I ask for my costs to be paid by him?

And fourth question...how long will the process take?

Thankyou for at least reading to the end

Are there other clauses added by your solicitor to the new agreement? Were you happy with the first agreement except for the child maintenance? I thought child maintenance didn't form part of the financial agreement but was sorted by the CMO but maybe it's different in Scotland.
My initial reaction is how far under 16 is your child, how easy will it be to enforce maintainance payments if your stbx goes abroad and are you at risk of paying more in fees to get the second order than you are giving up under the first order. The best advice I was given early on was don't spend £10k fighting over £5k worth of assets.

Clawed wrote:

Are there other clauses added by your solicitor to the new agreement? Were you happy with the first agreement except for the child maintenance? I thought child maintenance didn't form part of the financial agreement but was sorted by the CMO but maybe it's different in Scotland.
My initial reaction is how far under 16 is your child, how easy will it be to enforce maintainance payments if your stbx goes abroad and are you at risk of paying more in fees to get the second order than you are giving up under the first order. The best advice I was given early on was don't spend £10k fighting over £5k worth of assets.

I am very mindful of the trap of spending more money fighting over divorce!

The first document did not provide for a separation of debts, inheritance etc, and so is not a financial split document.

Provision for children under 16 has to be shown in scotland - ie who they will live with.

I believe STBX will pay when working abroad if he feels like it - I do not want to have that uncertainty. He has worked abroad and earned well in the past, the current climate means he is not at the moment.