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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9983
Experience:  30 years as a practising solicitor.
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hello ClaireMy wife and I intend to divorce. I am 65, retired

Resolved Question:

hello Claire
My wife and I intend to divorce. I am 65, retired and have a 30K persion, she is 54 self employed and earns about 25K. We have children of 18 and 19 one of whom may go to University.(in scotland where we reside)

What financial settlement/arrangement is a court likely to impose we cannot agree something sensible ourselves

Submitted: 2 years ago.
Category: Scots Law
Expert:  clairep80 replied 2 years ago.
Thank you for asking for me - but since you live in Scotland you need to be transferred to the correct section
It may take a little while so please be patient - my colleagues are worth waiting for
Expert:  JGM replied 2 years ago.
Thank you for your question.

When did you marry?

What assets are there? That includes houses, money, investments etc.

What debts are there?

What do each of the children do at present?

-Could you explain your situation a little more?

Customer: replied 2 years ago.



We married 17 years ago. We have a house worth 650K with 100K mortgage. We have about 150K in cash and shares. No debts apart from mortgage.


17 year old boy has one more year to do at 10k fees, and will go on to university. Duaghter of 18 left fee paying school one year ago and is a self employed singer songwriter and makes some money busking. Both live at home at present.


My wife and I live together - no affairs, or gambling or abuse - relationship just seems to have run its course and she does not want to be with me




Expert:  JGM replied 2 years ago.
You are each due one half of the net matrimonial property, so half of everything including house, cash and shares. Given your incomes are broadly similar there should be no need for one to pay maintenance to the other.

You are both bound to maintain your son whilst he is at university.

Happy to discuss further.
Customer: replied 2 years ago.



could you slightly more about how a court decides the income split. My wife seems to suggest she is entitled to half my pension.



Expert:  JGM replied 2 years ago.
Your pension is in payment so you are already receiving an annuity. Had the pension not been in payment the court could treat the pension as a capital asset the value of which would fall to be shared between the parties. However because yours is in payment the argument is that it no longer has a capital value.

For that reason the court is more likely to take your pension into account as income and share it with your wife depending on her needs and resources. As I said in my original answer, because you wife has a £25000 income, the argument is that they really cancel each other out.

Of course if your wife has a pension fund at the moment that can be treated as a capital asset which would fall to be shared fairly. Which is a point which can be useful in negotiations.

Pensions in payment are a complex issue and you should always take specialist advice in relation to your individual circumstances.

I've undernoted an article on the subject you might like to read. The case there was in England but the issues are similar under Scots law.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9983
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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