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What are we each entitled to in our divorce settlement?

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Next step help, Scottish Divorce

  • LisaW
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09 Oct 20 #514388 by LisaW
Topic started by LisaW
Hello,

I've written about my partner's divorce here previously. In summary, he and his wife lived and married in England, they separated about 8 years ago. Children are grown up, the family home has been sold (50/50 split). The only assets are her pensions (good pensions). She moved to Scotland, my partner engaged a solicitor to start divorce proceedings in England. His solicitor wrote to advise her and she subsequently sent a bailiff with divorce proceeding to start in Scotland. My partner's solicitor wrote to him saying it would be to his advantage using Scottish law as the split tended to be 50/50. However she was ill informed as the marital assets are valued at the date of separation, not their current value and in the case of her pensions, there is a very large difference. My partner was the mainly stay at home dad, bringing up the 4 children (2 of which where not his but his wife's from a previous marriage) with the help of his family whilst his wife increased her qualifications and progressed up the career ladder.

Point 1. The proceedings had a sist granted, to pause proceedings, back in March 2017. My partner had run out of money (he's in debt with loans for solicitors fees) as they had not sorted out the finances. He received an email from his wife's solicitor stating that they have applied for the sist to be removed (next week). His choice is to defend the sist being removed (costly) or for an options procedure. They've sent him a Form G7 if he wishes to defend the sist. He has let his solicitor go as he can no longer afford her, plus in my opinion he has been wrongly advised.

Point 2. Neither party have negotiated sorting out the finances during this time. Am I correct in thinking that the divorce still cannot go ahead until they have sorted this out, the division of her pensions?

Looking for advice please in what to do next? I have asked him to try and contact her so they can try and come to an agreement. However he has suffered from bouts of extreme low mental health since the break up of the family. He often does not feel strong enough to try and phone her to discuss this (last verbal communication would have been over 5 years ago). Part of his mental health issues is to clam up and go down a deep hole. It is difficult to watch as his partner. He feels he has been screwed emotionally (she had an affair) and now financially.

I want to reassure him that the divorce cannot proceed until the finances are sorted, am I correct? Any suggestions of help would be so greatly received. Many, many thanks.

  • rubytuesday
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10 Oct 20 #514406 by rubytuesday
Reply from rubytuesday
Answered on your other duplicate post.

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