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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Am I Entitled To Anything?

  • chopper9
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08 Mar 08 #16158 by chopper9
Topic started by chopper9
I have just found out in the past few days that I am divorced. I separated from my spouse in Scotland in November 2006 and the divorce went through in July 2007. She put false dates on the divorce application (2004)and I have never signed anything. I have proof from bank statements, bills, etc that I was still there in November 2006. Word of the divorce only reached me as a rumour and I recently contacted the Sheriff Court in Edinburgh for confirmation and they are now sending me a copy of the Decree Absolute. We were together for 16 years, no children involved now as they are grown up, and we had a house with mortgage which was in her name from the beginning but obviously we both paid for it and other bills. My question is: am I entitled to a share of the house even though she sneaked the divorce through? And could she be in trouble for falsifying details on the application? I am over the moon to be divorced from her, but hate the thought of her getting everything.

  • LittleMrMike
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08 Mar 08 #16159 by LittleMrMike
Reply from LittleMrMike
In England there is no doubt at all that an order made on the basis of concealment or misrepresentation can be set aside,

The law however is different in Scotland ; but even so it's hard to see why someone should be better off as a result of deceiving the Court.

Fiona is our resident expert in Scottish law and she may be able to help.

Mike

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08 Mar 08 #16179 by chopper9
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thanks for the help. hopefully i'll hear from Fiona soon.

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08 Mar 08 #16181 by Fiona
Reply from Fiona
In Scotland the finances must be resolved before divorce and there is only one decree.
You need to see a family sol PDQ and get the divorce decree overturned. To apply for a divorce based on one year's separation not only was your consent required, but there had to be no outstanding financial matters which clearly wasn't the case.

BTW it's sad to think I spend so long on here I'm considered a resident. :S

  • loobyloo
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08 Mar 08 #16186 by loobyloo
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Hey Fiona
Why not become the president of wiki..... sure youd be voted in
looby

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08 Mar 08 #16197 by Fiona
Reply from Fiona
Thanks, Looby. Makes up for someone pinching all my Karma points!

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09 Mar 08 #16245 by chopper9
Reply from chopper9
I'm trying to think ahead and since there are so many experienced and willing people on here, I thought I would look for other opinions before I decide what to do. From what I understand of what you've said so far, I have two choices. One, go to a solicitor to see what I could be entitled to. That would possibly involve having the decree overturned (which I don't particularly want!) and could see her in trouble for falsifying details. That doesn't benefit anybody. Or two, write to her, letting her know that I'm aware of what she's done and that if she doesn't make me a sensible offer, I'm prepared to go through the legal process. If it's the latter, how would you word it, roughly? If anybody has an opinion or other ideas, I'd love to hear them.

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