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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Pre-nup

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04 Nov 24 #524478 by EMC3419
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Interesting. Was this solicitor absolutely clear on where the funds came from for the purchase?

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04 Nov 24 #524479 by DanMac88
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He was. He did say the pre nup might possibly ring fence and assets bought during the marriage, with the inheritance. Basically he couldn't say for definite without seeing the pre nup. Just mentioned the house potentially being seen as matrimonial property depending on how specific my ex was when drafting the pre nup. It's highly unlikely, I know, but it's hard to get a clear cut answer anywhere as Scots law is so unique

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05 Nov 24 #524481 by EMC3419
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I would recommend a second opinion. Normally in Scots Law, whilst the solicitor is correct in saying the FMH would be split 50/50 it is also the case that if your wife can prove it was purchased using assets she brought to the marriage she would have a very strong case for a deviation from 50/50. That is further compounded by the fact that you weren't married for very long.

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05 Nov 24 #524482 by DanMac88
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My ex would most certainly be able to provide evidence that it was her inheritance that bought the house. I suppose this is all speculation as I have n idea what the pre-nup included, and what it didn't. However, I'd be surprised if she/her family didn't ensure there was something stipulating that I had no claim on a home bought outright by her after marriage.

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