Separation - Scottish Law
Discussion
My sister has been married 18 years and has two kids. She and her husband were not getting along due to faults on both sides. Nothing adulterous, no physical abuse, just he would go out and get tanked up then come home and instigate screaming matches.
This wasn't good for the kids, and the husband wasn't going to move out, so about a year ago, my sister did. She rented a flat nearby and sees the kids more than her husband does.
Between the two of them, they have around 600k of assets - 400k in pensions, and 200k of equity in their house.
As I understood the law, I thought these assets would be split 50/50 so that both would walk away in a similar position.
Apparently they need to be separated for two years before my sister can get a divorce, but when it comes to a settlement, is my understanding correct? Should the court split the assets 50/50 or is it not that simple?
As it stands, my sister just wants a quick settlement and to move on with her life, but the amount that the husband is offering as a pay off equates to a 70/30 split in his favour.
Is she likely to get a 50% split if it goes the duration?
This wasn't good for the kids, and the husband wasn't going to move out, so about a year ago, my sister did. She rented a flat nearby and sees the kids more than her husband does.
Between the two of them, they have around 600k of assets - 400k in pensions, and 200k of equity in their house.
As I understood the law, I thought these assets would be split 50/50 so that both would walk away in a similar position.
Apparently they need to be separated for two years before my sister can get a divorce, but when it comes to a settlement, is my understanding correct? Should the court split the assets 50/50 or is it not that simple?
As it stands, my sister just wants a quick settlement and to move on with her life, but the amount that the husband is offering as a pay off equates to a 70/30 split in his favour.
Is she likely to get a 50% split if it goes the duration?
slf2012 said:
Apparently they need to be separated for two years before my sister can get a divorce,
Depends on whether there are any children aged under 16. If not, then it's only two years without consent: with consent it's one year.http://www.scotcourts.gov.uk/taking-action/divorce...
The residence requirements must also be satisfied - http://www.scotcourts.gov.uk/taking-action/divorce...
If there is any dispute about finances then the ordinary procedure must be used.
slf2012 said:
but when it comes to a settlement, is my understanding correct? Should the court split the assets 50/50 or is it not that simple?
As it stands, my sister just wants a quick settlement and to move on with her life, but the amount that the husband is offering as a pay off equates to a 70/30 split in his favour.
Is she likely to get a 50% split if it goes the duration?
It's for the court to decide if the parties can't agree. Much better to try and sort it out otherwise the only people who will get rich are the lawyers on both sides. The default is normally an equal split but it's not always that simple.As it stands, my sister just wants a quick settlement and to move on with her life, but the amount that the husband is offering as a pay off equates to a 70/30 split in his favour.
Is she likely to get a 50% split if it goes the duration?
http://www.adviceguide.org.uk/scotland/relationshi...
http://www.cas.org.uk/system/files/publications/14...
With the amount of pension money involved it is essential that she gets specialist advice and sooner rather than later.
slf2012 said:
As it stands, my sister just wants a quick settlement and to move on with her life, but the amount that the husband is offering as a pay off equates to a 70/30 split in his favour.
Is she likely to get a 50% split if it goes the duration?
Arithmetic is quite subjective in divorces- each side seems to think they've received the smaller half.Is she likely to get a 50% split if it goes the duration?
It might be worth ascertaining whether her valuation of the settlement offer is accurate from an impartial POV.
Rovinghawk said:
Arithmetic is quite subjective in divorces- each side seems to think they've received the smaller half.
It might be worth ascertaining whether her valuation of the settlement offer is accurate from an impartial POV.
Agreed, it's easy to take sides in situations such as these, and if there are many assets, it can become vague as to what everything's worth. For example, husband suggested my sisters jewelry was worth 48k, it was valued independently at 14k.It might be worth ascertaining whether her valuation of the settlement offer is accurate from an impartial POV.
Leaving all that aside (she's said she doesn't want the jewelry and he can sell it himself if he wants), the valuations are based on pensions of 100k (her) and 340k (him), with the house in joint names worth 400k and 200k outstanding on the mortgage.
He's offered her 60k cash and 60k of his pension, with him keeping the house.
slf2012 said:
the valuations are based on pensions of 100k (her) and 340k (him).
Current value or projected future value? Very big difference.AIUI stuff such as jewellery is personal rather than a marital asset and can be excluded from the sums, but IANAL and might be corrected on this.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff