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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.

Married in Scotland, separated in England

  • paulkm
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16 Oct 12 #361312 by paulkm
Topic started by paulkm
Hi, my wife and i separated 15 years ago in England, she now lives in Scotland, in the town where we married. We have three children who are 17, 19 and 21. I want to apply for divorce but my wife is demanding a lump sum and part of the pension i built up during the marriage. I am happy about the pension part but not the lump sum. When we separated there were no assets, no house. I have paid maintenance without fail in the following fifteen years. I spoke to an English solicitor who said they could not do it as it in Scottish law. I spoke to a Scottish solicitor and they said i would have to pay a lump sum, and i would have to go to Scotland to use them. They also said i could use an English solicitor. I''m really confused and don''t know where to start, any advice gratefully received.

  • TBagpuss
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18 Oct 12 #361654 by TBagpuss
Reply from TBagpuss
you can start divorce proceedings in England usiong an English solicitor.

You (or ) she, could deal with Scottish divorce proceedings using a scottish solicitor. Becasue english and scottish divorce law is dofferent, n English solicitor won''t be able to act for you if the divorce is going through the scottish courts because they will not be familir with scoatish law.

If no proceedings have yet been issued, I would sugegst that you speak to a lawtyer hear with a view to issuing proceedings in England, under English law.

If your wife has already started proceedigns in the Scottish courts then you will need to get a Scottish lawyer.

  • mumof5
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18 Oct 12 #361656 by mumof5
Reply from mumof5
I moved to England but had my divorce in Scotland,using a Scottish lawyer,

For the divorce in Scotland you need to agree the date of separation and that is the date for the financials

Eg your ex is only allowed a % of your pension up till the date of separation and the same for a lump sum, so if there was no money she cannot get what you did not have.

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