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Top-5 Scottish divorce myths debunked

9th January 2018

From Jamie Redknapp to Ewan McGregor it seems like everyone (and their wife) is getting divorced at the moment and, sadly, it’s the most popular time of year to do it. However, if you’re planning on divorcing in Scotland let’s consider five common Scottish “divorce myths” we regularly have to debunk for clients:-

1. You’re likely to get more money out of your divorce if your spouse has committed adultery

This is not the case – your spouse’s infidelity is irrelevant when it comes to considering the finances on divorce.

2. You can divorce first and sort out the money later

No. That’s a big difference between the law on divorce in Scotland and the law in England. All financial matters relative to your separation must be resolved before you divorce in Scotland.

3. The financially stronger spouse will have to support the other spouse indefinitely post-divorce

Incorrect. The ‘clean break’ principle normally applies in Scotland. Whilst the financially stronger party may have to provide financial support for the financially weaker party post-divorce, it’s unlikely a court would order this for a period in excess of 3 years after you divorce.

4. If you come into money post-divorce your ex can make a claim on that money

Wrong again. Once you’re divorced in Scotland, a line is drawn under the financial matters and they can only be revisited in very exceptional circumstances. So, if you win the lottery post-divorce there’s no need to worry about your ex making a claim on your winnings!

5. A court has to decide how the financial matters will be dealt with when you divorce

Again, this is not the case. If you and your spouse can agree what’s to happen with the financial matters when you split up then this can be detailed in an agreement. A court will only make decisions where parties cannot reach an agreement between them. There are also alternative methods of resolving disputes about money such as Collaborative Law, mediation and arbitration which should be considered as an alternative to court.

We offer an initial consultation with one of our expert family solicitors for a fixed fee of £250 plus VAT. During that meeting we will provide you with advice on your situation and your options going forward.

 

For more information and advice on separation and divorce please contact a member of our expert team on 0131 226 6541 or 0141 332 5666.

 

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Rachel Macdonald - Divorce & Family law solicitor
 

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