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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.

Assets held before the marriage

  • Gromble
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23 Mar 12 #319730 by Gromble
Topic started by Gromble
Say I had shares in my own name before the marriage.

Does the STBX have any claim on them?

  • livinginhope
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23 Mar 12 #319770 by livinginhope
Reply from livinginhope
In England after a medium length marriage the answer is yes.I know this to my cost.I also owned my own home, STBX had nothing ,now he has a good job,income, I have a small pension but my pre marriage home/savings/investments are part of the Marital Pot.
The Law may be different in Scotland

  • Gromble
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23 Mar 12 #319778 by Gromble
Reply from Gromble
The marriage was only for 3 years - is that short or medium?

  • worried4thefuture
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23 Mar 12 #319793 by worried4thefuture
Reply from worried4thefuture
I would say that was short.

My partner had an FDA in January, STBX wants 50% of the property he owned before they got together, they were only married 2 1/2yrs. the judge (district) in January said she''s not entitled to 50% it was a short marriage, but yesterday he went back to court for what was meant to be an FDR and a different judge (deputy district) said she gets 50% of the property before any debt is taken from the equity... even though she lived there for 18mths made minimal contributions before they moved to another country (partner returned to his property when they separated)

I don''t know what to believe now, it goes to show the opinions different judges have

  • Fiona
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23 Mar 12 #319794 by Fiona
Reply from Fiona
In Scotland the length of the marriage makes very little difference, usually only the assets accrued between the date of marriage and separation form the matrimonial property to be shared.

If you had shares in your own name before marriage and your have kept them separate from the family assets they would be considered non matrimonial. However, if you had shares and sold them and the proceeds became incorporated into the family assets they would be considered matrimonial.

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