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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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Just how far does the financial trail have to go?

  • ScotBob
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31 May 12 #334340 by ScotBob
Topic started by ScotBob
OK, now almost 4 years separated and, after a lengthy battle to ensure I have continued shared custody of our children, we''re down to the nitty gritty of the financials.

I have complied with my solicitors requests and obtained vouching for all bank accounts, mortgage, loans, cars, plus CETV for pension etc. as at the date of separation, bringing me to a 50/50 figure of £X which I expect to pay my ex.

Now her solicitor is claiming that I must go back to the date of MARRIAGE & get vouching for the same items, so that each figure can be adjusted to show value at separation - value at marriage = value accrued during marriage!

I''ve never heard of this being requested in any other divorce calculation, and it seems ridiculous seeing that we lived together for 5 years prior to marriage, so much of the debt at the date of marriage was already joint debt, rather than personal to me.

Also interesting to note that the only vouched figure my ex has been requested to provide (her bank account at the date of separation) has yet to be divulged. We didn''t have any joint accounts bar a credit card which was used only for household & food purchases, so I continue to suspect that she may well have been creaming some money away...maybe by paying for friends'' grocery shopping with the card but getting money from them during the 2 years the marriage was on it''s rocky downhill road before we agreed to call it a day.

Is this legally required / has anyone else has experienced it? or should I be instructing my solicitor to tell them to jog on lol??

  • Fiona
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31 May 12 #334379 by Fiona
Reply from Fiona
In Scotland matrimonial property and debts are those accrued between the dates of marriage and separation so retrospective valuations at the dates of separation and marriage are standard. All you can do is provide any documentary evidence you have or obtain retrospective valuations and try to agree the rest.

With pensions there is a simple formula to calculate apportionment to the marriage set out in legislation. The value of the pension at separation is divided by the number of years contributions are paid into the fund and that figure is multiplied by the number of years contributions were made in the marriage.

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