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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.


minute of agreement

  • Tinkerbelle
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10 Aug 12 #348673 by Tinkerbelle
Topic started by Tinkerbelle
Im asking for advise for a friend...(in scotland)

She has been seperated from ex for at least 15 years.....they have seperation agreement (which i think is also called a minute of agreement) however neither parties went any further for the divorce....she could not afford to and ex says he wont pay for it....

for official purposes is she classed as married ie would her works pension go to her ex if she were to die.....she has no dependants so no one else to sign it over too......she did try to change her marital status with her HR dept but they are saying the seperation agreement is not enough...she needs to produce divorce papers......she has no money to take this to the divorce stage....
any one have any advise...

  • Fiona
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10 Aug 12 #348687 by Fiona
Reply from Fiona
Whilst your friend is still married her husband will be entitled to her pension death benefits and to claim from any estate she leaves . However, if the Separation Agreement was registered there is no reason why she can''t divorce using the Simplified Divorce Procedure. The form is available to download from the Scottish Courts website and there is a fee of about £90.

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11 Aug 12 #348721 by Tinkerbelle
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Fiona - thanks for that.....the seperation agreement was registered...she would struggle to raise £90 - her ex it appears just wont move things forward for the sheer fun of it in the knowledge he knows she would struggle to raise funds to pay.....but im assuming this is something she can do without the need for lawyers and only pay the fee....with this knowledge she might try to save up for that.....

  • rubytuesday
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11 Aug 12 #348726 by rubytuesday
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She may be entitled to an exemption from the fee (which is £95) - www.scotcourts.gov.uk/library/civil/docs/fee_exemption_app.pdf.

The Simplified Procedure forms are easy to complete, its little more than a box-ticking exercise, but she would need to have it signed by either a Notary Public or a Justice of the Peace, for which there would be a very small fee of no more than £40.

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