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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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Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


14Yrs Sep Now Divorce!

  • LostScot
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18 Jun 12 #337435 by LostScot
Topic started by LostScot
My wife has decided to pursue divorce proceedings after 14 years of separation. I still live in FMH, She moved out 14 years ago with children (now both over 21). Until recently we had spent all our birthdays and Christmas together to try and maintain some family unity. Completely out of the blue she wants to start divorce proceedings and she wants money out of the house.
Until last week we had been the very best of friend but her business is failing and she has ran into financial problems.
She wants me to sell the house which I am reluctant to do as the mortgage will be paid off in 18 months time. The endowment has a maturity guaranteed bonus of 10000 pounds which we would lose if we sold now.
Questions:
1.After all this time what would be her rightful share of the house value; bearing in mind that the house has doubled in value in the last 14 years.
2.I cant get a mortgage due to recent financial hiccups myself as a consequent of long term unemployment, though I am now in a good job, but paying off debts. So is it possible to reach an agreement whereby I pay her the amount owing by installments and how do I do this legally?

  • Fiona
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18 Jun 12 #337450 by Fiona
Reply from Fiona
The first thing you need to do is establish retrospectively the value of any assets (including pensions) held in sole or joint names on the date of separation. In Scotland assets are usually shared 50:50 so half the value of the former matrimonial home at separation is the starting point. It''s then a question of negotiating and compromising to allow for any increase in the value of the home and the mortgage you have paid.

If your wife has hit financial difficulties will she be prepared to wait? When agreement can be reached it''s possible for a solicitor to draft a Separation Agreement including deferred lump payments. In Scotland once the agreement is sealed by the court it is legally binding.

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18 Jun 12 #337452 by LostScot
Reply from LostScot
Fiona; thank you very much for your prompt reply. Fortunately there is no pension to consider just the house. I have paid the mortgage for the last 23.5 years during which we were together for only 9 years.
I think it is folly to have to consider selling at this time as there are obvious benefits to fulfilling the term of the mortgage in 18 months time.
As you say it is down to negotiation and compromising to derive a solution.
In the interim I have offered to help her financially to ease her burden at this time and hopefully we can reach an amicable agreement over the house without the pressure of financial difficulty.

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