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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.

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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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Spouse Maintanance

  • auntiefi
  • auntiefi's Avatar Posted by
  • Junior Member
  • Junior Member
26 Sep 07 #4015 by auntiefi
Topic started by auntiefi
BILs wife has just asked for maintainance.
story goes - they got married in June 2005 - lived apart for a year. moved into rented accomm in Sep 06 BIL bougth a flat (his name only)in May 07. Sept 07 - found out wife was working as a prostitute. split on 16th. She has worked (legit and not) throughout. taking in abut the same a him. She paid for NO bills, NO RENT, Nothing - he supported her throughout even tho she was earning.
she resigned from her job te week after split - and is now asking for maintanance payments to support her.
what are the chances of it being granted?
we are in scotland if that helps.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
27 Sep 07 #4020 by Fiona
Reply from Fiona
That's difficult to say because it depends on all the facts. Scottish courts look at the earning capacities and the needs and resources of the parties to determine what 'is reasonable in the circumstances.' It's best to avoid court though because legal fees could easily amount to more than any aliment (maintenance) awarded. A family lawyer would have an pretty accurate idea of what is reasonable, and BIL will most likely need to consult one about a minute of separation and/or divorce at some stage anyway.

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