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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.


Have I been Stumped ?

  • upset2010
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06 Apr 11 #261871 by upset2010
Topic started by upset2010
Just wanting some financial advice please - basically have split with hubby - had a solicitor but she didn't ask any questions just put what my ex wanted from the house etc. Had a seperation agreement drawn up - he wanted 50% of house value in cash sum, plus items such as car, etc from house. I just agreed to everything (was upset at time and trying to do things amicably) didn't get house valued just what we new other houses had sold for in our estate, and ex gave sob story about finding another house, mortgage costs etc (which I fell for big time)so I even paid solicitors fees and even his fees for him selling me his half of house! Should add that he earns more than twice what I earn, and is offshore with no living costs for half the year ! Anyway wonder if I have done the right thing now as his story was all lies - he was having an affair and moved straight into g/f house ( so much for mortgage worries) I am left with large debt to my parents/family who loaned me money to buy him out, and other than maintenance for our 5 yr old have no other financial support. Ex on the other hand has walked away with large cash sum, to be spent on new g/f and lots of exotic holidays. When I look at Divorce Calculator it says 80/20 split or 70/30 split ?? not 50/50... as I have child to support and more outgoings, with less income - is this only correct for english law and not scottish, if so wish I had moved !! should say we were together for 18 yrs so not trying to be a money grabber just feel I may have agreed too easily to HIS demands and had a solicitor who didn't advise me very well (if not at all) she didn't even asked me is/my income to judge if he was paying correct child maintenance :Smy main question is when we divorce, do I have any other claim to try and regain some of the money already paid due to the deceit and lies about his living needs/expenses or have I blown my chance due to my naviety and solicitors lack of help. Thanks for any advice you can give (sorry for long winded post)

  • Fiona
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07 Apr 11 #261877 by Fiona
Reply from Fiona
Ignore the calculator, it has no relevance to divorce settlements in Scotland where the division of assets tends not to diverge that much from 50:50. Income needs may not be that important. There is no correct amount for child maintenance, parents can agree between them what they like.

In Scotland Separation Agreements are legally binding and once it has been registered through the courts a separation agreement is difficult to have set aside. You would really need to see another solicitor who, after sight of the documents, could advise if there were grounds to challenge the agreement.

Having said that, if your husband lives in the UK or lives abroad and works for a UK based company the CSA would normally have jurisdiction over child support. If the Separation Agreement is more than a year old it is open for either party to apply to the CSA and the separation agreement in relation to child support would cease to have any effect.

CSA rates are 15% of the non resident parent's income minus deductions for any overnight stays. The non resident parent may also apply for a downwards variation of the amount of child support to cover some of the contact costs such as travel expenses. Would that make you any better off?

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