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Clean Break Premise - An explanation

Scottish Divorce law underpins the "clean break" premise when it comes to financial agreements - and these are usually accounted for in capital, although when there isn't sufficient capital deferred lump sum payments are a possibility. The matrimonial assets are usually determined at the time of separation- anything acquired after that date is not usually counted as a matrimonial asset. Bank and savings accounts, whether they are in joint names or not, are also counted as matrimonial assets. It is only the pension/s accrued during the length of the marriage that is relevant. It is very rare that a court will decide the asset split and financial arrangements - only about 3% of cases are decided in court, the majority are haggled out via the solicitors or between the two parties.

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