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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 legal advice on a fair financial settlement?

We offer a consultation with experienced family solicitor for a low fixed fee. You will receive legal advice and a written report outlining your legal position and setting out what a fair settlement would look like based on your individual circumstances.


Scotland vs England

  • robmcd
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25 Feb 08 #15023 by robmcd
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Does anyone know the pros and cons of getting divorced in Scotland vs those in England and whether I could file in either country even though I live in one of them?

Reason for the question is prompted by a comment in another post (that I did not want to hijack) that stated that in Scotland the financial settlement were based on only what was accrued during the marriage and not those before marriage or after separation.

  • Fiona
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26 Feb 08 #15036 by Fiona
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A person divorcing in Scotland has to be habitually resident here and/or permanently live here with intention to remain permanently in Scotland in the foreseeable future.

The pros of divorcing in Scotland is that there is a strong burden of proof required to divorce citing adultery or UB and as a consequence 88% of divorces are on the grounds of 1 years separation with consent or two years without. Matrimonial assets are those accrued between the dates of marriage and separation, excluding inheritances and gifts (depending on your circumstances that could be a con as well)The aim of the law is provide a Clean Break and certainty so there is less need for court actions. When there are regular periodic payments they are for a maximum of 3 years to allow for readjustment except in the most exceptional cases. There is less paper work.

The cons are it can take ages and if there are children under 16 or finances to resolve most people really do need a lawyer. There isn't that much in way of information and there is less flexibility. When there are regular periodic payments they are for a maximum of 3 years to allow for readjustment except in the most exceptional cases. The complaints system is inadequate.

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26 Feb 08 #15038 by robmcd
Reply from robmcd
Thanks Fiona

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26 Feb 08 #15039 by Gingerkitty
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Silly me, thought we were going to talk about Rugby and the Six Nations!!!!!!!
Ooops - blonde moment!!!!

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26 Feb 08 #15041 by robmcd
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I'm surprised that Paul Mac did not file in Scotland - Heather may not of got £50 M as he earned most of his money before they met!

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26 Feb 08 #15045 by Fiona
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What do people have against blondes! :huh:

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