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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.


Disability in marriage

  • heavenly
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09 May 12 #329344 by heavenly
Topic started by heavenly
My STBX left after 24yrs for another woman.I have had acute Rhumatoid Athritus for 21 of those years,and since separation had two further lots of surgery!
I rely on DLA and Incapacity Benefit has anybody else with a disability pushed for a better than 50/50 split? STBX has good job,excellent pension.I am living alone in the marital home,ex is paying all the bills just now for me.

  • LittleMrMike
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09 May 12 #329353 by LittleMrMike
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Difficult to be precise because this matter would be governed by Scots law and I am not familiar with it. There are some on this forum who are, and they may be able to help ( and knowing them, they would ).

As far as English law is concerned, the fact that you are disabled would clearly be an important consideration. I think it''s the same north of the border, but I wouldn''t put my shirt on it.

LMM

  • rubytuesday
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09 May 12 #329365 by rubytuesday
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Welcome to Wikivorce.

Assets under Scots law are usually split on a fairly even basis, unless mutually agreed by the divorcing couple.

However, each spouse has a "general obligation" to support each other as is reasonable in the circumstances - this is known as ailment and claims for aliment may be made in either the Court of Session or the sheriff court unless the court considers it inappropriate in any particular case. In determining the amount of aliment to award the court is directed to regard the needs and resources of the parties, the earning capacities of the parties and generally to all the circumstances of the case. On an application to court by or on behalf of either party an order or agreement for aliment may be varied, recalled or terminated if there has been a material change of circumstances.

If he is paying all the bills presently, he could argue that this could be construed as ailment, ie financial support, but you may wish to consider applying for periodical payments (aliment) so that you can be sure that this financial support will continue.

The Clean Break premise underpins Scots family law, and ailment if awarded is usually only payable for a limited period of time after the divorce, usually 3 years, but on occasion I have know it to be paid for up to 5 years afterwards. Sometimes, in lieu of aliment payments, a larger share of the assets may be claimed.

Make sure you are claiming all the benefits you are entitled to, the CAB usually have benefit advisers at each office and are able to advise and help assist with claims.

  • Fiona
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09 May 12 #329385 by Fiona
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It is possible for assets to be shared in favour of one party but no more than 60:40. Very rarely circumstances justify periodic allowances being paid beyond the usual maximum three year term. In the case Ruth Cronin MacInnes or Smith v Colin Andrew Smith payments were ordered until income from pension was received. See;

www.scotcourts.gov.uk/opinions/2009CSOH02.html

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09 May 12 #329539 by heavenly
Reply from heavenly
Thank you for the imformation,I would be happy with a 60/40 split.If i got periodical payments too that would be a bonus.

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09 May 12 #329542 by heavenly
Reply from heavenly
Many thanks for your help.

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