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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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What is spouse entitled to?

  • dave2332
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19 Nov 07 #7053 by dave2332
Topic started by dave2332
Hi all.
my spouse and i seperated in 2000, with me buying her share of our home at the time and she moved out. I have since sold the house in n ireland and bought in scotland where i now live with my partner and baby boy. My spouse from 2000 has filed for divorce and i am wondering if she is entitled to any of my assets or my home here in scotland? I am very worried due to importance of this house as a home to my new son. Thanks

  • DownButNotOut
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27 Nov 07 #7801 by DownButNotOut
Reply from DownButNotOut

Unfortunately I think that the bad news for you is that she may well have a strong claim on your current assets.

The deal you struck to buy out her share of the house seems to have been done informally between the two of you.
(If possible you need to produce clear written evidence that this payment was intended to be a final financial settlement of your divorce).

The only agreements which are watertight are Consent Orders or court orders ratified by the courts.

The difficulty is that she can claim the money you gave her was just part of the financial arrangements within the marriage, just a way to each get a place to live during a period of separation.

It is very likely that a court looking at the case now will just put all the assets in a pot (her current house and yours) and look to divide them fairly.

The worst case for you is if she has spent the money that you previously gave her.

Your case highlights the importance of making sure that you obtain a legally binding financial agreement upon divorce before physically sharing out the cash.

This normally means a consent order.

  • attilladahun
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27 Nov 07 #7813 by attilladahun
Reply from attilladahun
Agreed but in reality English approach is slightly diff from Scotland.

No Court is going to give her a settlement which would force you to sell house in Scotland.

If she got a fair share of FMH she must be identifying other assets eg pension

If it is just you equity has increased yes the Crt will look at the parties present capital but in relation to the FMH if she has spent her £ and your equity has built up post separation this is a nuisance value claim.

If there are genuine other assets such as a pension built up over a long marriage maybe she gets a modest pension share

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