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SEPARATION & DIVORCE

Separating from your spouse can be overwhelming and a lot of information can be thrown at you in a short space of time. 

 

At MacBeath Family Law we aim to break this information down into manageable bite for you to digest.  We provide advice at each step of the process to enable you to make informed decisions to achieve the best outcome for you.

There are five basic facts you need to know in regard to your financial matters when considering divorce:

1. Financial Provision in general terms under Scots Law

The law regulating the division of assets on divorce is contained in the Family Law (Scotland) Act 1985.  The law states that each party should make ‘full disclosure’ of their assets.  The ethos of this Act is that matrimonial property should be shared fairly between the parties.  This normally means that it will be shared equally.  However, there are occasions when a departure from equal sharing will be appropriate.

2. Matrimonial property

Matrimonial property is defined as any property that is acquired during the marriage and owned by the parties at the date of the separation.  Inheritances and gifts are usually not included in matrimonial property.

3. Child support

In general, child support is agreed between parents.  If this cannot happen then either parent can make an application to the Child Maintenance Service (formerly the Child Support Agency).  There are only certain circumstances where it would be appropriate to seek an order from a court about child support.

4. Separation Agreement

Parties often negotiate and sign a separation agreement after separating.  They do this before they get divorced.  This document will typically deal with the division of matrimonial assets and debts.  It will also deal with any arrangements that are being made for ongoing support and it may also deal with the arrangements for the parties’ children.

5. After Divorce

Once Decree of Divorce is granted by the Court, this draws matters to a close.  Both parties no longer have financial claims against one another. 

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