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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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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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Dilemma - Scotland, or England?

  • SilverFir
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22 Apr 12 #325815 by SilverFir
Topic started by SilverFir
Separated Jan 2009 (adultery, not contested)

marital home (mortgaged) in Scotland on market from Jan 2010, still no buyer.

No children. No dispute over savings, chattels etc. Only dispute is how to proceed with house sale and division of proceeds therefrom.

Divorce document submitted to Sheriff Court, sisted. Financial negotiations to date have been via Scottish solicitors. mediation attempted and failed.

Given that both myself and STBX now live in England, I''m torn between continuing with the action in the Scottish Sheriff Court, and commencing new procedures in the English courts.

I''d have to re-contract my Scottish solicitor if we were to go to court (so I was told) and settle the current account (which I''d intended to do from house sale proceeds).

I''m looking for the Court to enforce the auction of the house with no reserve (mortgage o/s is very low), so that it definitely sells and we can finalise the financial division and ergo the divorce.

Does anybody have any opinion as to whether I''m better to continue with the Scottish legal system, or to start again with the English system?

  • SilverFir
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22 Apr 12 #325817 by SilverFir
Reply from SilverFir
Adding specifics in case they are needed.

House - valuation at time of separation 100K, equity is 70K of that. Mortgage in joint names, STBX has continued payments on interest-only basis. He lived there alone for 18m post separation before moving out, it''s been empty for 20m.

My family income c. 25K; STBX income believed to be nil as he elected to become mature student.

STBX cost of living is low, he now lives with relatives, but he continues to pay mortgage (c. £70/m), ctax (£780pa), bills on marital home.

My income pays for myself & stay-at-home partner who is caring for our disabled son. Rent of £450/m (no benefits), ctax (£800pa), bills etc.

  • Fiona
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23 Apr 12 #325843 by Fiona
Reply from Fiona
On the face of what is written I don''t think it will make much difference although it may be more straight forward enforcing any orders to sell property in Scotland through the Scottish courts. How long was the marriage and are there any pensions?

  • SilverFir
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23 Apr 12 #326048 by SilverFir
Reply from SilverFir
Thanks Fiona.

The marriage was 11.5 years.

We both had company pensions at the time of separation, but the drafts of the financial Minute of Agreement said that neither of us would claim against the other''s pension. (We had also agreed not to touch each other''s savings, cars, and the division of items was agreed; but that Minute was never signed.)

You make a good point about the Scottish court understanding how to quickly sell (presumably auction) the house.

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