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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.


divorce in scotland ...missing partner

  • divadiva2
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29 Sep 12 #358496 by divadiva2
Topic started by divadiva2
my partners wife left 3 1/2 years ago leaving him with his two sons now both just at secondary school, My partners wife went abroad with her boyfriend for a while but we now know she has returned to England and had a baby but have no address for her, the csa have traced her and do manage to get a few £5 payments. My partner had a insurance payout prior to the marriage of just under 10yrs some of the money was used to purchase 2 properties 1 my partner myself and the boys live in the other was a rental property, the rental had been mortgaged by his wife we have since cleared this, he offered this property to her 3 1/2 years ago and managed to get a sale on it for her but she would not sign the documents, now 3 years on can he get a divorcee with out knowing where she is and as he got left with 23,000 of debts, will a sheriff grant any financial end to all this we where granted legal aid 6 months ago but the solicitor we have is messing around a wants to push for the sale of the 2nd house but we have been down this road before and if she cant be found can the sheriff help??

  • Fiona
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30 Sep 12 #358520 by Fiona
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Do you mean your partner has already been involved with court proceedings? If not can ask the General Register of Scotland and the Principal Registry of the Family Division in London to carry out searches to check just in case his wife has divorced him already. If she has then the problem will be solved. If there is no divorce or application and your partner now lives in England he could be eligible to divorce there. He may want to make a comparison between the procedures in the two jurisdictions and possible outcomes before applying for the divorce.

In Scotland he can divorce after 2 years separation without the consent of his wife and in England & Wales he could use unreasonable behaviour, adultery if there is evidence or perhaps even desertion, although it''s difficult to meet the criteria for desertion and it''s rarely used.

In both jurisdictions it''s possible for the divorce to be granted if there is evidence that every reasonable attempt has been made to trace someone e.g. copies of correspondence to family members, friends last know employers, newspaper ads. The courts may then dispense with serving the papers and grant the divorce or decide what further steps should be taken to trace the wife.

The courts can make an order for the house to be sold and if necessary sign the papers.

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07 Oct 12 #359742 by divadiva2
Reply from divadiva2
thank you .we have tried all avenues to trace her, we have in the last few days e emailed the courts in her local area to see if she had applied or be granted a divorce in that area we live in hope..fingers crossed

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