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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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Scottish solicitor when resident in England

  • mywikivorcename
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29 Nov 16 #486166 by mywikivorcename
Topic started by mywikivorcename
Wondered if anyone has experience of using a Scottish soliciter when resident in England ?

My preference is to use Scottish law for the divorce and financial settlement as my marriage and married life was in Scotland. My ex is living in the FMH which is in Scotland. It is in joint names and we still have a joint mortgage which I would like to resolve as part of a "Clean Break" settlement.

I have been resident in England for over 3 years.

Q1
I would appreciate opinions from anyone with experience of doing this ?
e.g. pros and cons of using Scottish law in preference to English law.

Q2
Is there a low cost online "full divorce and financial settlement" service for Scotland similar to the service listed on here by wikivorce for England ?

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29 Nov 16 #486168 by rubytuesday
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There are major difference in terms of the legislation for Scotland and England/Wales.

Scots divorces require a full agreement in respect of the marital finances and child arrangements set out in a legally binding Separation Agreement prior to being able to apply for a divorce. It's possible to use a sols based in Scotland while you are living in England - alternatively there are a number of sols in the larger cities in England that are qualified to practice in both jurisdictions so you may be able to find someone more local to you.

Wikivorce don't as yet have a fixed fee service for Scots divorces.

Having divorced myself in Scotland, I would say that the process is clearer, quicker and more cost effective providing an agreement can be reached.

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