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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.

What steps can we take to reach a fair agreement?

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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Help Needed - Help with Scottish Divorce Issues

  • Blelack
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20 Aug 07 #2196 by Blelack
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Hi

Can you tell me if you have any dealings when a Scottish Divorce is issued without any financial settlement agreed? I have been advised that this means that each party is entitled to all belongings/items purchased by themselves - not sure what the legal position is on this??

But what happens when 1 party refuses to return the personal possessions of the other? How can these be reclaimed - if at all??

Many thanks

Blelack :S

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20 Aug 07 #2202 by Fiona
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20 Aug 07 #2208 by Blelack
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Thanks for that, but is it possible to try & reclaim my belongings from my ex?

I was divorced in 2005 but no financial settlement was given - I was infact divorced without my knowledge. The solicitor dealing with me decided not to represent me any longer & I thus contacted the Court (as he suggested) but heard nothing for 6 weeks, then I got an email from my (then ex-solicitor) saying I was divorced with no financial settlement given, but he advised me that my ex-husband had moved to Nepal & our house had been repossessed - thus I didnt do anything as I was divorced & all my assets had gone (so I was told).

The problem was that I had moved to Bournemouth from Aberdeen to keep away from my husband. As far as I was informed I had lost everything.....

But as it turned out my husband returned to the UK from Nepal in Sept 2006, he sold the house (which apparently was in his name, but was originally in both our names - I have subsequently established that he signed my name to the mortgage lender stating it was no longer our marital home sometime before the divorce, he has also previously been convicted of fraud). He has also changed all the DVLA paperwork into his name form mine.

Sorry this must seem like a long essay but I would really like some help/advise on if I have a chance of reclaiming my possessions or not?

I do realise that this maybe an expensive measure but I was the main bread winner & I had a lot of motorbikes/cars/jewellry/tools/expensive sport memorabilia/computers/clothing/motorbike clothing/DVDs/CDs...... not to mention 90% of all the usual household items - furniture/white goods/etc

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21 Aug 07 #2218 by Fiona
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