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Divorce & Financial Settlement FAQs

Going through divorce proceedings can be a difficult and emotional time. That's why it's important to have all the information you need to make informed decisions. Some of the uppermost questions in your mind are likely to involve spousal maintenance, financial settlements and division of matrimonial assets.

Financial Divorce Settlement Law Scotland

If you're in Scotland and considering a divorce or dissolution of a civil partnership, our Macnabs divorce lawyers can provide you with helpful information and guidance, and answer your frequently asked questions about the division of matrimonial assets and the divorce process in Scotland.

Family Law & Divorce Experts Perth

If you are going through a divorce and are looking for a fair divorce financial settlement, we can help. Contact us today and we can provide specialist legal advice on all issues regarding spousal maintenance, divorce financial settlements, issues relating to your partner's pension, issues relating to dependent children, and all other aspects of divorce law.

Do you get alimony in Scotland?

In Scotland, alimony is known as aliment. You may also hear as it refered to as spousal maintenance. It can be awarded to provide financial support to a disadvantaged spouse after divorce or separation. The amount and duration of aliment payments are determined based on various factors, including the financial needs and resources of both parties. Our Divorce and Family Law Solicitors can provide personalised advice on aliment matters specific to your situation.

Does my wife/husband have to pay the bills until we are divorced in Scotland?

The responsibility for paying bills during separation and divorce varies depending on the specific circumstances and financial arrangements of each case. It is advisable to negotiate and agree on financial responsibilities with your spouse. If disagreements arise, seeking legal advice from a Family Law Solicitor will help you understand your rights and obligations in relation to bill payments.

What financial settlement is my partner entitled to in a divorce in Scotland?

In a divorce in Scotland, division of financial assets and financial entitlements can vary depending on the specific circumstances of the case. There is no automatic entitlement to an equal 50/50 split of assets. The court considers various factors, including the duration of the marriage, contributions made by each party, and the needs and resources of both individuals when determining a fair and reasonable financial settlement.

Is my partner entitled to half the family home in Scotland?

The division of property, and the family home in particular, in a divorce in Scotland is based on fairness rather than an automatic entitlement to an equal 50/50 split. The court considers various factors, including the individual circumstances and needs of both parties. While your partner may have a claim to a share of the house, the final decision will depend on the specifics of your case and the court's assessment of what is fair and reasonable.

Are assets split 50/50 in divorce in Scotland? How are assets split in a divorce?

In Scotland, the division of assets during the divorce process is not automatically split 50/50. The court takes into account various factors, such as the length of the marriage, financial contributions, and the needs of each party. The goal is to achieve a fair and reasonable distribution of financial assets, which may result in an equal split or a different division based on your personal circumstances.

What is my wife/husband entitled to in a divorce in Scotland?

In a divorce in Scotland, the entitlements of a wife or husband depend on the specific circumstances of the case. Financial settlements consider factors such as the length of the marriage, financial contributions, and the needs of each individual. There is no predetermined entitlement, and during the divorce process, the court aims to achieve a fair and reasonable outcome based on the personal circumstances of the you and your former spouse.

What assets are not included in divorce?

Matrimonial property is property acquired during the marriage. Not all property is automatically included in a divorce in Scotland. Business assets, property, acquired before the marriage or received as inheritance or gifts during the marriage or other assets may not be considered marital property subject to division. However, it's important to consult with a lawyer to understand how specific assets may be treated in your particular case, as there can be exceptions and complexities in asset division.

Is inheritance split in a divorce in Scotland?

Inheritance received during the course of a marriage in Scotland is typically considered matrimonial property, subject to division in a divorce. However, the court has discretion in determining how inheritance is distributed. They consider factors such as the length of the marriage, the financial needs and financial position of you and your ex partner, and the nature and timing of the inheritance. Each case is assessed individually, and the court aims to achieve a fair outcome.

Can my wife/husband take half my pension if we divorce in Scotland?

In Scotland, the division of pensions during divorce depends on individual circumstances. The court considers the overall financial situation of both parties when making a decision. While it is possible for a spouse to claim a portion of the other spouse's pension, it does not necessarily mean an equal 50% split. Contact us to find out more about the potential outcomes based on your specific circumstances.

Can my ex-wife/ex-husband claim my pension years after divorce in Scotland?

Once the divorce process has been finalised in Scotland, it is generally not possible for an ex-spouse to claim a share of the pension years after the divorce. Financial matters, including pension division, are typically settled as part of the divorce proceedings. However, it is important to ensure that all financial arrangements are properly documented and legally binding to avoid any future dispute proceedings.

Contact our Divorce & Financial Settlement Solicitors, Perthshire, Tayside & Stirlingshire

What matters to you, matters to us. At Macnabs, our solicitors offer practical solutions to your legal problems. Drawing on many years’ experience and in-depth professional expertise, but with a practical, down to earth approach, and straight-forward and friendly advice that keeps our clients coming back again and again. We will guide you smoothly through the entire legal process. If you think you are in need of Divorce and Separation advice, get in touch to find out how we can help. We have offices in Blairgowrie, Pitlochry and Bridge of Allan and serve clients in Perthshire, Tayside & Stirlingshire and across Scotland. Pop into one of our offices and speak to one of our team, or give us a call on 01738 623432. Alternatively, complete our online enquiry form and someone will be in touch shortly.

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