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Divorce, Financial Settlements & Bankruptcy

The economic downturn has had a dramatic impact on financial settlements on divorce and has even affected those once considered financially stable.

The law in Scotland relating to financial settlements on divorce can be found in the Family Law (Scotland) Act 1985. But when looking at the effect of bankruptcy (or sequestration) on separating spouses, it is necessary to also consider the terms of the Bankruptcy (Scotland) Act 1985.

When advising clients of the effect of their spouse's bankruptcy following separation, it is important to

Divorce settlement advice - why hiding assets doesn't pay

If you are looking for divorce settlement advice, do you want to know why hiding assets doesn't pay? The law in Scotland relating to separation and divorce settlements requires a split of all property that is 'matrimonial' in nature. Each spouse must openly and honestly disclose all assets held by them as at the date of their separation. Unfortunately, it seems that some people can't resist the temptation to lie or cheat in order to keep at least a portion of those assets to themselves.

Tips for divorce settlements - pensions and divorce

Tips for divorce settlements - pensions and divorce

It is not uncommon for divorce settlements to include a person's pension, as it can be more valuable than your house. It is therefore important not to disregard pension rights when determining how matrimonial property is to be divided on divorce.

In Scotland, only pension assets which have accrued during the period of marriage comprise matrimonial property.

There are three ways in which your pension can be dealt with on divorce:

  1. Pension sharing: The pension policy can be shared by transferring a portion of the

Financial support post divorce or separation

We are often asked by clients??what kind of financial support is available to me post-divorce/post-separation/post-civil partnership??

Husbands and wives/civil partners have a legal duty to aliment one another during marriage or whilst in a civil partnership.? This means that they have to financially support one another.? This duty continues in the form of aliment after separation until divorced or the civil partnership is dissolved.? After divorce/dissolution there may also be a duty to pay a periodical allowance for a period up to 3 years after

When can I get a divorce in Scotland and how long does it take?

We are often asked - when can I get a divorce in Scotland and how long does it take? You can get divorced in Scotland if your marriage has broken down irretrievably.

What options are open to me?

  1. If your husband or wife has committed adultery you can raise a divorce action immediately. However, if you proceed on this basis the divorce writ will have to:
    - name the person with whom your spouse formed a relationship
    - be served on that person
  2. If the