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
Jurisdiction
Brussels II applies- EU Member States.
Domicile and Matrimonial Proceedings Act 1973- Related Jurisdictions
Domicile and Habitual Residence
As per England and Wales. A person’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.
Pre-Nuptial Agreements
The Scottish Courts are very reluctant to interfere with properly drafted pre and post nuptial agreements.
Separation Agreements can be registered and will then be binding.
Divorce
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.
There is no separate
Decree Nisi and
Decree Absolute.
Finances/Capital/Property
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.
“Matrimonial Property†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.
Finances/Maintenance
Periodical allowance (maintenance) may be awarded if payment of a capital sum is insufficient to satisfy the payee’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.
child maintenance
As per England and Wales.
Cohabitants
Cohabitants enjoy fewer rights than spouses. The court has no jurisdiction to distribute property as it can do on divorce.
However, a person can apply to court for a limited financial settlement from their former cohabiting partner. The application must be made within 1 year of the cohabitation ending.
Civil Partnership/Gay Marriage
Governed by the Civil Partnership Act 2004.
