Separation Agreement

Have just recently separated from my husband of 25 years. We have one son 18 who is at University and lives with me. I intend to see a solicitor about a Separation Agreement. I am concerned that once the assets/debts are split, I will be unable to survive financially. I earn 10000 a year whilst my husband earns 34000. Will the split be an automatic 50/50 or will I be entitled to more due to my low income. I have worked either full time and part time througout my marriage apart from 5 years to look after our son.I would appreciate your comments.

Hi Katie,

Separation agreements are still a bartering process in Scottish divorce...you will receive lots on info/advice/experiences here whilst you go through this. My input is sign nothing if in doubt..and if your case does go to go remember what wee granny said...you dont ask you dont get...that is...if you get to court and dont ask et al...the outcomes are quite varied and contradicive between Scottish jurisdictions.

Elle x

In Scotland assets are shared according to the principles set out in s9 Family Law (Scotland) Act 1985

— (1) The principles which the court shall apply in deciding what order for financial provision, if any, to make are that—

(a)the net value of the matrimonial property should be shared fairly between the parties to the marriage;

(b)fair account should be taken of any economic advantage derived by either party from contributions by the other, and of any economic disadvantage suffered by either party in the interests of the other party or of the family;

(c)any economic burden of caring, after divorce, for a child of the marriage under the age of 16 years should be shared fairly between the parties;

(d)a party who has been dependent to a substantial degree on the financial support of the other party should be awarded such financial provision as is reasonable to enable him to adjust, over a period of not more than three years from the date of the decree of divorce, to the loss of that support on divorce;

(e)a party who at the time of the divorce seems likely to suffer serious financial hardship as a result of the divorce should be awarded such financial provision as is reasonable to relieve him of hardship over a reasonable period.

(2) In subsection (1)(b) above and section 11(2) of this Act—

“economic advantage” means advantage gained whether before or during the marriage and includes gains in capital, in income and in earning capacity, and “economic disadvantage” shall be construed accordingly;

“contributions” means contributions made whether before or during the marriage; and includes indirect and non-financial contributions and, in particular, any such contribution made by looking after the family home or caring for the family.

So there is scope for assets, including pensions, to be shared more than 50:50 and some maintenance. Also there is a general obligation for parents to support their children in education or training financially between the ages of 18-25 years.

Thanks for your help much appreciated

Many thanks for your help it is much appreciated

Hi Katie, Sorry to hear your story. It could be me as you are in the same predicament as myself. I feel a bit better reading the info on the financial advice as this is the bit that scared me the most. If we can get maintenance of some sort it will help us with that problem. I wish you well xx

Hope everything goes ok for you too. Thank god I found this website.