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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.

Separated in Scotland. Now live in England.

  • StephenWatney
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18 Apr 12 #324745 by StephenWatney
Topic started by StephenWatney
I lived in Scotland and separated from my ex wife in April 2008. I now live in England and she has agreed to complete the divorce. However the English court system does not recognise the separation and I have been informed I would need to start the process all over again. This would mean paying a solictor £1400 + £400 court fees. I already paid £1200 to get separated.
Does anyone know if I can complete the divorce using the Scottish Courts even though both myself and my ex wife no longr live in Scotland? I''m thinking I can put myself down as I''m domiciled in Scotland.
If I can, how do I do it and how much will it cost?

  • rubytuesday
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18 Apr 12 #324758 by rubytuesday
Reply from rubytuesday
Stephen, just to surmise our telephone conversation:

As you still have a residential address in Scotland, you can divorce under Scots Law using the Ordinary procedure, as you have children under 16. You will need to engage a solicitor for this, for the writing of the Writ and notorising of the Separation Agreement, marriage certificate, yours and the children''s birth certificates (these must be originals, not photocopies, and must be the full version, not the short version). Court fees are around £90, and once the Writ is returned by your x2b, the decree should be declared in around 2 months.

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