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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.


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Husband wants me out of the house - Scotland

  • AJ500
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29 Apr 21 - 29 Apr 21 #516571 by AJ500
Topic started by AJ500
Apologies if this is in the wrong place.

My husband of nine years (nearly ten) has declared he wants me out of our house as he wants us to separate. All out of the blue and he yesterday announced his decision. He said there's no going back on his decision and that's that, apparently. Confused, shocked and anger doesn't cover how I feel right now. I want to put to the side the fact he may have an OW etc etc and concentrate on the legal matters at hand.

Some basic facts:
- no children.
- he bought the house in his name after we married. I'm not named on the deeds
- based in Scotland although married in England
-I have very little savings (around 2k in my own personal bank account)
- he is the higher earner.
- I'm not one hundred percent sure but there's around 50 to 60k equity on the house.

I am working part time as I'm a student and have gone back to uni so can't afford to buy him out or to find anywhere else to live right now. I only work 16 hrs a week on minimum wage.

He said he doesn't want to involve solicitors but has threatened he will. He has offered me a lump sum of 50 thousand pounds to leave the house for good. He keeps saying this will be better than what I would be offered if solicitors are involved.

I understand I need legal advice and thankfully have some money to at least get some advice from one. I'm just wondering if anyone has any initial advice on here. I feel like my world has imploded and he's acting as if nothing is wrong.

Thank you
Last edit: 29 Apr 21 by AJ500.

  • rubytuesday
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30 Apr 21 #516575 by rubytuesday
Reply from rubytuesday
Welcome to Wikivorce.

There are four steps which should be considered before making a decision about the financial arrangements. Please note that matrimonial property is that which is accrued between the date of marriage and the agreed date of separation (otherwise known as the relevant date).

1. Establishing the date of separation on which the married couple cease to cohabit as man and wife.

2. Identifying all the assets owned jointly or individually by a couple at the separation date including the house, furnishings, a car, pensions, savings and investments and any outstanding liabilities (mortgage, car finance, personal loans, credit card debts etc) in existence on the date of separation.
Property and other assets acquired after the agreed date of separation by either spouse is not matrimonial property.

3. Determining any non-matrimonial property by looking at the individual assets and seeing the circumstances in which they were acquired. Assets owned by either party before the marriage or those gifted or inherited are not matrimonial property. However, gifted or inherited property or assets must remain substantially in the same form; where gifted or inherited property is sold and other property is acquired, or where property is acquired using gifted or inherited money, the acquired property is matrimonial property. However the Court may take into account the source of the funds used to purchase the property by applying the second of the “special circumstances” and dividing such property unequally.

The exception to property owned prior to the marriage is that where the matrimonial home is purchased before the marriage with the intent for use as the matrimonial home; this would be included in the matrimonial assets, as would any furnishings and other items for the home purchased prior to the marriage.

4. Valuing matrimonial assets as at the date of separation, for example, by providing statements for savings, asking insurance companies for surrender valuations of endowments and pension providers for the Cash Equivalent Transfer Value. Endowment policies and pensions started before marriage are apportioned for the years of the marriage. It’s best to have agreement before having the house valued by a Chartered Surveyor. The liabilities are deducted from the assets to provide the net value of matrimonial property.

Principles to be applied when sharing the Marital Assets

The principles which the court shall apply in deciding what order for financial provision, if any, to make are that
the net value of the matrimonial property should be shared fairly between the parties to the marriage;

fair account should be taken of any economic advantage derived by either party from contributions by the other, and of any economic disadvantage suffered by either party in the interests of the other party or of the family;
any economic burden of caring, after divorce, for a child of the marriage under the age of 16 years should be shared fairly between the parties;
a party who has been dependent to a substantial degree on the financial support of the other party should be awarded such financial provision as is reasonable to enable him to adjust, over a period of not more than three years from the date of the decree of divorce, to the loss of that support on divorce;
a party who at the time of the divorce seems likely to suffer serious financial hardship as a result of the divorce should be awarded such financial provision as is reasonable to relieve him of hardship over a reasonable period.
(“economic advantage” means advantage gained whether before or during the marriage and includes gains in capital, in income and in earning capacity, and “economic disadvantage” shall be construed accordingly; “contributions” means contributions made whether before or during the marriage; and includes indirect and non-financial contributions and, in particular, any such contribution made by looking after the family home or caring for the family.)
It is reasonable (and advisable) to apply these principles when making an agreement between the two parties, whether or not they use solicitors to negotiate on their behalf.

You have the right to occupy the matrimonial home as you have occupancy rights due to being married, these end when you get divorced/your civil partnership is dissolved. It is important to be aware that occupancy rights also end if you have not lived in the property for a continuous period of two years - so moving out prematurely (I.e. before a financial settlement is agreed) may be unwise.

Although the house is in your husband's sole name, it is still a matrimonial asset.

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