Are you actually living in Scotland, If so treat the comments on this forum with great caution as Scots law is very different fron family law in England and Wales.For example there are no divorce petitiond in Scotland, spousal maintenance continues for a maximum of three years and inherited wealth are never included in the family pot available for distribution. There follows a short summary of Scottish family law...I hope it is useful:
Sources of Law
The Family Law (Scotland Act) 1985.
Divorce (Scotland) Act 1976
Children (Scotland) Act 1995
Case law also relevant
Brussels II applies- EU Member States.
Domicile and Matrimonial Proceedings Act 1973- Related Jurisdictions
Domicile and Habitual Residence
As per England and Wales. A personâ€™s domicile will be Scotland.
Conflict of Law/Applicable Law to be Applied
Lex fori - with the possibility to take account of foreign law in certain cases.
The Scottish Courts are very reluctant to interfere with properly drafted pre and post nuptial agreements.
The principal ground for divorce is irretrievable breakdown of marriage which is established on one of more of the following facts. Adultery, behaviour, 1 years separation with consent to divorce, 2 years separation.
Divorce is initiated by the serving of writ or summons.
There is no requirement to be married for a year before you can file for a divorce.
The court will apply the framework of principles set out in the Family Law (Scotland) Act 1985. The overriding principal is fair division of matrimonial property and a fair division is deemed to be an equal division unless there are special circumstances to justify otherwise.
The norm would be a 50:50 division of matrimonial property regardless of the length marriage, although other principles may be used to achieve an award in excess of a 50:50 split.
â€œMatrimonial Propertyâ€ includes all property belonging to the parties at the date of separation which was acquired by them, otherwise than by way of inheritance or gift from a third part between the date of marriage and the date of separation i.e. inherited and pre acquired assets are excluded from the definition.
Periodical allowance (maintenance) may be awarded if payment of a capital sum is insufficient to satisfy the payeeâ€™s requirements and if there has been a need for continuing support.
It is unlikely that maintenance will be for any more than three years from divorce unless there are exceptional circumstances and no account is taken of different earning capacities.
Thankyou for that information - but, no, I do not live in Scotland (note to oneself - change username)...
although, I certainly want to return to Scotland.... but, hey, that's a little down the line yet!
I was married, and have lived in England for 20 years now....
Thanks Karen, you need to spend a couple of hours with someone who will take you through the background to your case and advise you of your options etc.
If costs are a concern make sure you speak to the familt lawyer before the appointment a agree eith a fixed fee for the meeting or an hourly rate which you are comfortable with (see my previous post on how to choose a solicitor).
Sadlty each case is different and on the info available it is just not possible to say when and in what circumstances your home will be sold. One thing is certain however, it can not be sold without a court order or the agreement of your husband.