Family law is different in Scotland. A divorce isn''t normally granted until the finances have been resolved and arrangements for children under 16 are in place. The finances are resolved by means of a
Separation Agreement, which is a legally binding contract in Scotland that isn''t easily changed, or an order of the court.
The aim of a
Separation Agreement is finality and it is difficult to change the terms relating to the sharing of assets. Ailment and periodic allowances (maintenance) may be varied.
The value of assets (including pensions, savings investments) accrued in joint or sole names between the dates of marriage and separation form the matrimonial property to share. This is shared fairly, usually 50:50. Why does your husband think they should be shared in his favour?
In Scotland there is a general duty for all parents to financially support their children in education or training until they are 25 years of age. There is no obligation to support over 18s not in education.
The CSA normally has jurisdiction for
child maintenance for children up to the age of 19 in full time non advanced education. Non advanced means Advanced higher standard or below. Instead child maintenance can be *agreed* in a
Separation Agreement but after one year either party may apply to the CSA and the separation agreement would cease to have any effect with regard to CM.
Currently the CSA rates are 15/20/25% for 1/2/3+ children respectively minus deductions for overnights.
If your ex engages a solicitor they will be acting for him and you need your own independent solicitor to look after your interests.