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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.


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  • susiek01
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15 Dec 07 #9104 by susiek01
Topic started by susiek01
we were msrried in scotland.x now residing in england does he have to come to scotland to start divorce proceedings??

  • attilladahun
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15 Dec 07 #9109 by attilladahun
Reply from attilladahun
How long have you been resident here in England?

  • Fiona
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16 Dec 07 #9117 by Fiona
Reply from Fiona
When your husband satisfies the residency requirements of having lived in England for 6? months either of you will be able to apply in England, although you both are eligible to apply in Scotland.

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17 Dec 07 #9167 by susiek01
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im sorry im not very mechanically minded and dont know how to use this machine very well.i wonder if you got the reply that i sent you.saying im in scotland hubby in engalnd living with someone else.does he have to come up here to start divorce proceedings.im frightened incase he comes to the house.thank you

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17 Dec 07 #9173 by Fiona
Reply from Fiona
The short answer is, no, he doesn't necessarily need to come to Scotland to start divorce proceedings..

If he fulfills the residency requirements in England either of you can apply to divorce in England and it might be in your interest to attend any court proceedings that might be heard there.

Here in Scotland the majority (88% in 2006) of divorces cite separation as the reason for the marriage breakdown and when there are no outstanding financial issues and no children it's possible to apply for divorce through the simplified procedure. This involves completing a formal sworn statement as to the reason the marriage broke down. There is no need for him to come to Scotland, the completed form, the marriage certificate and a fee is returned to the local sheriff court or Court of Session who issue the divorce decree.

When there are other reasons for divorce (unreasonable behaviour or adultery,) there are financial matters outstanding, and/or there are children under 16 involved the ordinary divorce procedure is used. If your husband is the 'pursuer' his solicitor will need to draft a summons or writ and when there is disagreement the divorce proceeds as a defended divorce and your husband will need to attend a Scottish court.

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