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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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Husband left me after21 yr relationship (16yrs married in scotland)

Customer Question

Husband left me after21 yr relationship (16yrs married in scotland) in Jan 2016 on 60th birthday.Has gone to australia to be with mistress who is Australian national on 1yr visitors visa and has liquidated all of his personal assets and taken money from these and all of his pension lump sums with him.There are no children involved.
Question. I have no assets other than 13yrs of pension from 1978-1990( before I met husband) and since relationship have only been back in pension scheme since 2012 till now. (3 yrs) Husband wants me to give him divorce in order to obtain spousal visa from mistress to apply to remain in Australia.
What is he entitled to financially from me and do any savings/pension accrued by me after separation date in Jan count? Thanks
Submitted: 9 months ago.
Category: Scots Law
Customer: replied 9 months ago.
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Expert:  JGM replied 9 months ago.
All assets accrued during the marriage would be split equally from the information you have given me. As regards ***** ***** is a statutory instrument which provides legislation on this. It is complex but in summary the value of pension accruing during the marriage is deemed to be matrimonial property. Anything before the marriage or after the separation is not. What you need to look at, and you can google it online, is The Divorce etc. (Pensions) (Scotland) Regulations 2000. Section 4 contains the formula that would enable you to calculate the value of the pension attributable to the period of marriage. Happy to discuss. I would be concerned that he has removed marital assets in the form of money and pensions. Remember everything that accrued during the marriage goes into the pot apart from things gifted or inherited by either of you from third parties.
Expert:  JGM replied 8 months ago.
Let me know if I can help you further with this. Can you also remember to leave a positive feedback on the system so that the site credits me for my time. Thanks for using JustAnswer.

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