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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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Going through a separation. There are no assets apart from

Customer Question

I am Currently going through a separation. There are no assets apart from any money made on the sale of the house - currently on the market - and our pensions - I am 49 and she is 44. She has about £5k of credit card debt and I have about £18k. Are all debts taken into account when arranging the division of assets and liabilities?
I understand that I will need to approach a solicitor for as stance with this but I would firstly like a brief idea of what I can expect.
Many thanks
Submitted: 1 year ago.
Category: Scots Law
Expert:  hhlaw replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What pensions do you both have together with values?
-What are your respective incomes?
-Who is now living in the property?
-Whose name is ***** ***** in?

-What is the value of property and the outstanding mortgage?

Customer: replied 1 year ago.
Hi HarrisWe have been married for 9 years and have 2 children aged 9 and 5. I have used the child support calculator to arrive at a monthly figure of £375. The children will live with their mother and access is not an issue.My wife works part time and I work full time - I have 25 years in the civil service. I will have to obtain pension values.I earn £32k a year and I think she is on £10k.We both still live in the property which is in both our names and is valued at £185k with mortgage payable, including early redemption of £160k.
Customer: replied 1 year ago.
I should add that I thought we could come to an agreement between us but I received a letter from her solicitor today. They have advised that she wants to 'enter into a short written agreement that the matrimonial home is to be placed on the market for sale'. ' We would thereafter propose that a further written agreement be negotiated to formalise the arrangements for the division of the remaining matrimonial property. We would advise you to obtain your own independent legal advice in respect of these matters.'
Expert:  JGM replied 1 year ago.

Thanks for your question. I am a solicitor in Scotland. The value of all assets accrued during the marriage with the exception of gifts or inheritances from third parties are taken into account. All debts acquired during the marriage are also taken into account. The net matrimonial property is then divided between the parties fairly. Fair sharing is generally equal sharing unless there are compelling reasons why that should not be the case. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
Ok, so what are compelling reasons?Are credit card statements examined and analysed for personal/household spending, and if so over what period - the last year, 2 years?
Expert:  JGM replied 1 year ago.

Reasons for not sharing equally are: (a) the terms of any agreement between the persons on the ownership or division of
any of the matrimonial property;
(b) the source of the funds or assets used to acquire any of the matrimonial property where those funds or assets were not derived from the income or
efforts of the parties during the marriage;
(c) any destruction, dissipation or alienation of property by either person;
(d) the nature of the property, the use made of
it (including use for business purposes or as a family home and the extent to which it is reasonable to expect it to be realised or divided or used as security;
(e) the actual or prospective liability for any expenses of valuation or transfer of property in connection with the divorce. As regards ***** ***** if a party had used credit cards for non family use for his or her own benefit then the court would have to take that into account, yes.