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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11133
Experience:  30 years as a practising solicitor.
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I am looking into what I need to take into consideration in

Resolved Question:

I am looking into what I need to take into consideration in terms of costs and personal outcome if I divorce my husband. We have a one year old together and currently life in a jointly owned property in Scotland. I also want to know if it is possible for me to move with our daughter to Northern Ireland which I am guessing my husband would not agree too. I am currently not working for health reasons and receive PIP and ESA. Not sure if this would effect anything but thought it worth mentioning. My husband isn't aware that I am looking into this bit I want to get all the facts I can before making any decisions. Thanks
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.

Thank you for your question. In broad terms there are two issues: division of property and ongoing maintenance. As far as property is concerned the law in Scotland says that this is to be divided equally unless there are circumstances which would justify an unequal division. This applies to all property acquired during or in contemplation of the marriage and covers such things as the house, money, pensions and household goods. Your husband would have to pay maintnance for your child at an amount based on what his salary is. He may have to pay maintenance for you for a period depending on your respective needs and resources. Whether you would be allowed to leave Scotland with your child depends on whether it would be in the child's best interests. If he is being deprived of contact to his father that is unlikely. These are general observations. Your specific situation wold have to be examined by your own solicitor. Your financial situation makes it possible that you would qualify for legal advice and assistance. In the meantime I hope that helps. Please leave a positive rating so that I am credited for my time.

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