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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

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Scottish Legal Jargon

  • wee man
  • wee man's Avatar Posted by
  • Junior Member
  • Junior Member
08 Jan 08 #10240 by wee man
Topic started by wee man
I received a letter from my wife's lawyer asking for full financial disclosure. The letter says that if I don't comply within 28 days, the lawyers have been instructed to raise 'Divorce proceedings'.

We have been separated for 20 months and I was hoping to wait for the 2 year mark to to get divorced on the grounds of a 2 year separation.

My question is, the term 'Divorce proceedings' seems to be a bit threatening but given that I want a divorce (the quicker the better), would it be better for me to not reply and let her start the proceedings ? Or does it mean something a bit nastier ?I'm a bit confused with the terminology. Any help would be appreciated.

  • Specialdad
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  • Platinum Member
  • Platinum Member
08 Jan 08 #10243 by Specialdad
Reply from Specialdad
Shes trying to sort out the financial settlement without resorting to the courts which will be more expensive for both of you.

Try mediation as full disclosure can happen there at a lower cost.

You can sit back and do nothing but you wont get much change from £10,000 after the dust settles in the courts.

  • Fiona
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  • Platinum Member
  • Platinum Member
08 Jan 08 #10245 by Fiona
Reply from Fiona
In Scotland the finances and arrangements for any children need to be resolved before divorce is granted. The quickest way forward is co-operate and negotiate a reasonable settlement without going through the courts which can be very expensive.

By the time you have negotiated a settlement and it's been turned into a legally binding Separation Agreement you will be able to divorce on the grounds of 2 years separation without consent.

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