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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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The division of matrimonial home in Scotland

  • hazey1
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27 Oct 07 #5364 by hazey1
Topic started by hazey1
Hi please can you give me advice,
Living in Scotland, cohabited with my husband for 3 yrs in his flat, then we married and stayed in his flat for 1 year. We then made decision to buy bigger house and the proceeds from his flat was the deposit. The new property was taken out jointly and I made full finacial contribution to the two properties. Due to his violent behaviour an interdict was placed on him and he could not come anywhere near house. There was lot of building work needed and I had to borrow the £9000 from my mum as my husband emptied the joint bank account and left me with a £1.Due to a disability I have I am on benefits and he has tried to put my back to wall. He paid the mortgage even although he did not stay there he voluntary did it. I am looking for a 50/50 split and he has in his writ that he is looking for all of it. He says that he wants the money back that he gave for the deposit. Where do you think I stand when the Judge makes his mind up?

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27 Oct 07 #5377 by Fiona
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TBH I think if it was clear cut the matter wouldn't be going to court, but based on the information you've provided I would hazard a guess the sheriff will go for something between the two positions.

Generally assets which are used to purchase the family home become part of the pot regardless from where they came from originally. However, the marriage was short and that could be seen as a special circumstance. On the other hand any economic disadvantage you may suffer as a consequence of the relationship is a consideration and any award made by the court must be “reasonable having regard to the resources of the parties.”

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