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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
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My partners been separated from her husband years, home and

Resolved Question:

Good evening, My partners been separated from her husband for 3 years , home and business was in Scotland. He is Scottish , her English. The business has been going since 2000, and he along with his cousin and business partner are selling up ,with no intention of giving any payment to his ex. His reason for this is , she has no claim to this as they are separated for 3 years or more. There is however 50,000 in the family bank account, and he has offered 10,000 to her.We have heard from the accountant that her ex husband will be receiving a 'gift' from his cousin once the business is sold.
Our question is , can she use an English lawyer, rather than Scottish lawyer? She is English but works is Scotland still.
Thank you
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

If both of them live on Scotland then the case must be dealt with in Scotland. The general rule is that she is entitled to half of all property valued at the date of separation in respect of property owned by one of them, including the business, and half of all joint property valued at current value. So whether he sells the business or not doesn't matter. She will in all likelihood be entitled to a share of it assuming it was set up during the marriage. I hope that helps. It may be that Scots law would be preferable to English law anyway but she would have to be living in England for the requisite period before English law would have jurisdiction. I don't know what that oeriod is but I suspect it is the same as Scotland which is one year. I hope that helps. Please leave a positive rating so that I am credited for my time.

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