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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.


What are my options?

  • greengoblin
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25 Jul 12 #345329 by greengoblin
Topic started by greengoblin
I have been seperated from my ex for 2 and a half years and am trying to get a divorce. I have agreed in principle to let her keep the home with no financial settlement even though I may be entitled to a share of the £70 equity. I have also conceeded defeat on everything I have asked for when trying to draw up a minute of agreement even though nothing I have asked for has been ureasonable. Despite all this she is refusing to progress for reasons unknown and refusing to reply to my solicitors letters for months at a time. How long can she drag this out for before a divorce could be granted without her consent or is forcing a divorce through the courts my only option to get the divorce I want. If I did go through the courts then I would have to go for a settlement in order to cover my costs.

  • rubytuesday
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25 Jul 12 #345340 by rubytuesday
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You can''t force a divorce action through the courts without having the outstanding financial disagreements resolved first.

If she is refusing point blank to negotiate, you could offer a collaborative law session, where both parties and their legal reps sit "round table" and thrash out an agreement. Failing that, I''m afraid that going to court to resolve this is your only other option.

After a period of 2 years non-cohabitation you dont require her consent to the divorce.

  • greengoblin
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25 Jul 12 #345344 by greengoblin
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Surely she would still have to sign something or have the right to contest it just to be difficult which no doubt she would do. Am I right in thinking that after 5years seperation she could not contest it in any way whether financial arrangements were sorted or not?

  • Fiona
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25 Jul 12 #345347 by Fiona
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In Scotland if there are no outstanding financial issues or children under 16 you can apply to divorce under the simplified procedure after 2 years without the consent of the other party.

  • rubytuesday
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25 Jul 12 #345349 by rubytuesday
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No, sorry, you are not right in thinking that after 5 years non-cohab she can''t contest the divorce in anyway - that applies to England/Wales (easy to get the two laws mixed up).

The only grounds for defending a 2 year non-cohab divorce under Scots law would be that the defender would be severely financially disadvantaged by the divorce - it''s hardly ever, if at all, used. She would still need to return her paperwork to the Court with 21 days of receiving the Writ/Form SPB.

Even if you submit a Writ or SP form to Court, the application will sit there gathering dust until the outstanding issues have been resolved, only then will the Sheriff sign the Decree.

One other option, is to write an Affidavit stating that there are no outstanding issues between the two parties, and that all financial issues were resolved at the time of separation. And submit that with your divorce paperwork.

  • greengoblin
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25 Jul 12 #345359 by greengoblin
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So my only way of getting a divorce under scottish law is by sorting out financial matters first which she is unwilling to do. It seems court is my only option or wait indefinately for her to decide to sort this out. It seems unless I take her to court then she could delay things for as long as she see''s fit. Whether it be 2years or 5years it really makes no difference?

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25 Jul 12 #345360 by rubytuesday
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Yes, as has been stated before, you do need to sort out, one way or another, the finances before being able to receive your divorce decree, sorry.

And it''s 2 years without consent in Scotland, and 5 years without consent in England/Wales.

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