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Message started by Procrastinator on Sep 5th, 2007 at 12:30pm

Title: Question re seperation and divorce
Post by Procrastinator on Sep 5th, 2007 at 12:30pm
Hi

My wife and I (both resident in Scotland) seperated about 10 years ago, though nothing was ever formalised through laywers. I have been paying child support through CSA but no maintenance (none was ever asked for and I was more financially dependent on her at the time we split up).

I'm planning to go a see a solicitor regarding a divorce as it's long overdue but I'm worried about what claim she might have against any assets I've acquired since we split up (no property, but some savings and pension fund). Can anyone clarify the situation for me please? She has a new partner now and they have a child together if that is of any relevence.


Thanks

Title: Re: Question re seperation and divorce
Post by PetrocellisRevenge on Sep 6th, 2007 at 4:33pm
The default position is that property acquired during the course of the marriage is matrimonial property and should be divided equitably which usually means 50%.  Obviously, this works both ways.

Practically, in light of the length of time and circumstances you may be able to get away with using the simplified divorce procedure and you should have a solicitor write to her to sound her out on this.

Title: Re: Question re seperation and divorce
Post by grumpy on Sep 14th, 2007 at 11:55am
To be more accurate, matrimonial property is defined as all property the parties owned either separately or together which was acquired by either of them after the date of mariage and up until the date of separation. This means that with a few minor exceptions anything you had before the marriage and anything you acquire after the separation are not matrimonial property and therefore she has no claim.

If there are no children under 16 and given the length of separation I agree with Petro and you should try a simplified divorce ( don't even need a lawyer for that). The worst is she will say she wants something and then you can get a lawyer to put he rright. Chances are the divorce will go through without any response.

Title: Re: Question re seperation and divorce
Post by Deedee on Sep 14th, 2007 at 12:33pm
If you are able to use the Simplified Procedure (children over 16), you can now download the forms from the  Scottish Courts website.  www.scotcourts.gov.uk

Then you fill in the form and send it to the court with a cheque and your marriage certificate and about 8 weeks later you would be divorced, unless (as others have said) your wife objects.

Title: Re: Question re seperation and divorce
Post by grumpy on Oct 17th, 2007 at 10:55am
If you don't want to go to the expense of a lawyer you can do it yourself much cheaper using Divorce Online. I think it costs 199 and I know someone who used them in Scotland and it was easy and much cheaper than a lawyer. They have a website with that title.

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