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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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wants back only what he put in

  • susiek01
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03 Jan 08 #9906 by susiek01
Topic started by susiek01
my husband is now saying he only wants back what he put in to our marriage of 7yrs.how on earth can he ask me for half of the bill money,eg,gas electic council tax phone bill tv licience ect ect.the morgage which is solely in my name was paid by me and always has been done that way.it was not bought as part of the matrimomial home i had it before i met him.i am in scotland ,him in england.he says he is filing for divorce in scotland.can anyone tell me what i should be doing. a lawyer said to me that until i hear from his lawyer i do not need there services until then is this true.what are his entitlements,if any.i would be obliged if any one can give me any kind of advise.
yours in hope:

  • Fiona
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04 Jan 08 #9929 by Fiona
Reply from Fiona
In Scotland the marital 'pot' is formed by the assets (including pensions) accrued by a couple, whether individually or jointly, between the dates of marriage and separation excluding gifts and inheritances. However, a house or household furnishings acquired by one or both of you before the marriage may, in certain circumstances, be included.

Once the assets have been valued at the date of separation the law says they should be shared equally unless there are special circumstances. The division needs to reflect the unequal burden of childcare which can arise on divorce, or allow for economic advantage or disadvantage one party may have.

You could start collecting financial information and establish the value of assets and as your husband says he only wants what he put in it might be a good idea to ask him for a written proposal. Then you will be in a position to do some number crunching and respond with a counter-proposal.

There is a bit about divorce in Scotland in the Divorce Guide accessed by the Resources menu at the top of the page you might find useful to read.

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