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13 years on, still separated.

  • LadyGaga
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27 Aug 12 #352215 by LadyGaga
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I have been separated now for 13 years. Court proceedings started and were sisted in 2002 and a new solicitor has revised the record and I had hoped for a court date in December.

I note from looking at various sites that in Scotland where proceedings have started prior to 2006 the old rules will be used, five years separation and not two as post 2006. So far so good as I have 13 years in the bag. But the latest record and all my legal aid documents have been changed to two years. Does anyone see a problem with this please?

Also can''t use section 9 1c as the children are well into their twenties after all the delays. I have paid endowment mortgage and insurance on property all these years with no child maintenance until clawed back out of capital from ex in 2009. He is now claiming I have been cohabiting (untrue) to wriggle out of any unequal sharing of matrimonial assets. What a shambles.

  • flowerofscotland
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27 Aug 12 #352223 by flowerofscotland
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Hi Lady Gaga,

Not sure if I can answer any of your questions.......but 13 years.....give me strength!!

Good luck to you, maybe the End Is Nigh?

Take care for now FoS x

  • Fiona
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27 Aug 12 #352230 by Fiona
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Was your old solicitor a family law specialist? It sounds as though your new solicitor is a bit more proactive. Allowing for any increase in values it''s the assets held at the time of separation that are shared and cohabitation shouldn''t effect that even if you were cohabiting.

s9(1c) may no longer apply, but s9(1b) does so there should be fair account of any disadvantage you may have suffered in the interests of the family. Someone can be disadvantaged if during the marriage they gave up their job or changed to less well paid employment to fit around the children which means they lose out on salary increases, promotion prospects and pension contributions.

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27 Aug 12 #352235 by LadyGaga
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Thanks for responding. The old Solicitor was allegedly a family specialist but I am appalled at the way the case was handled. The new partner is much more organised and is trying to rush things thru but I have lost so much over the years I have to succeed now.

What about the 2 years / 5 years on the legal aid cert? Any ideas? I have visions of the case collapsing because the wrong act is being quoted. I just don''t trust anyone these days.

Th FMH was valued in 2000 but since the law has changed in 2006 I understand that I have to accept a current valuation. It''s just so hard for someone who had to wait for 10 years for the CSA to act (yes, REALLY)but who carried on paying all the bills as they had no choice. Bitter? You betya!

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