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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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Separation - joint mortgage, live in Scotland,

  • joi
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31 May 12 #334286 by joi
Topic started by joi
I am thinking of asking my husband for a separation, does anyone have any info on Scottish Law regarding, being in a joint mortgage? My husband pays the mortgage & all the bills! I am currently unemployed, we have 2 young children, to separate he would have to move out out for a period of time, I need to know what the legal standing is, does he have to continue to pay the mortgage even if its joint names? Any help/advice would be appreciated! :blush:

  • Fiona
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31 May 12 #334387 by Fiona
Reply from Fiona
Many separating couples can''t afford two homes and have to stay in the former matrimonial home until there is financial settlement. that would involve sleeping separately and each party doing their own chores etc.

IF one spouse enjoys the sole use of the former matrimonial home it won''t be unreasonable for them to pay their share of the mortgage and the other spouse''s share in lieu of rent for occupying their share of the property.

However, there is an obligation for spouses to maintain each other and if that would leave you struggling financially and your husband has the ability to contribute may be required to pay aliment or he could agree to pay something towards the mortgage.

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