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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.


English or Scottish Law???

  • MrDNA
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15 Jul 20 #513295 by MrDNA
Topic started by MrDNA
My wife and I lived in Scotland. My pension is in Scotland, our house (with mortgage) is in Scotland.

We moved to England, and lived here for 2 years.

My wife then returned to Scotland, and I stayed in England.

3 months later, my wife then filled for divorce with an English court - which was granted, and we are now divorced. This was over a year ago.

The financial settlement now needs to be done. It is still being handled by English courts, but coronavirus has held this up.

Should this be handled by Scottish courts? As the assets are all in Scotland, and my ex-wife was in Scotland when this was started, so should she have been able to file this with an English Court?

I don’t have a solicitor yet - as I was waiting until the court appearance.

Thanks for any help.

  • hadenoughnow
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16 Jul 20 #513302 by hadenoughnow
Reply from hadenoughnow
As long as the court is happy to accept jurisdiction there is no reason for finances not to be dealt with by the courts in England. If one or both of the parties is habitually resident in England or Wales jurisdiction would not be a problem.

It is a good idea to familiarise yourself with the court process if it looks like you are heading that way. Where possible agreements out of court are encouraged. You may want to get some advice on a likely outcome. You can do this without engaging a solicitor for the whole process. Have a look at the low cost fixed price services offered through this site or give the helpline a call to discuss.

Hadenoughnow

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