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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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I have signed a separation letter with my husband in Early

Resolved Question:

Hi, I have signed a separation letter with my husband in Early August and just moved out from our marital home in UK a few days ago leaving my 4-1/2 years old son behind not by choice.
Anyway during those few weeks of discussion, my Husband told me a few things and threaten me too, could you please advise if what he said is correct?
1. First of all, he said I committed an adultery, the court will favor him and I will get less money.
2. He claim that as he is looking after our son, if we proceed for divorced, I will lose out as the court will favor him as he take care of our son. And since I am a foreigner, the court will deduct a lump sum of child maintenance for our son.
3. He also claim that when we purchase the property in UK, he said he put in his personal fund of GBP 150,000, so he should be getting that from my share.
4. At the moment he is trying to sell one of our property, some of the farm and home stuff, which he either receive cash or go straight to his bank account. He is not splitting them. Even though he said he will he hasn't.
When we sign the separation letter, he basically agreed that we will financial support our son if we are able to effort and agreed that I could visit him whenever along with some agreement of signing over company etc.
I desperately need helps and legal advise as he is threatening me with all sort now and even said if I serve him the divorce paper he will not sign and I would not have any money to survive etc.
Please help.
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.

1. Rubbish. Adultery or any other reason for the break up has no relevance to financial issues. 2. Also rubbish. Child maintenance is irrelevant to the issue of financial provision. 3. Wrong. He invested his money in the family home. Current law is that the family home is to be split equally and he would not get his investment back. 4. If the property is owned jointly he can't sell without your agreement. Generally, a "separation letter" isn't valid unless you've had separate legal advice. He is telling you things that are wrong so as to get his own way. Do not talk to him again. See a solicitor immediately. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 11 months ago.
Hi,
Thanks for your response. I have a question with regards ***** ***** separation letter, it was draft by his solicitor whom is not a family law lawyer. That lawyer deal with all our legal matters on our properties only. Also I have requested him for a copy of signed separation copy, he have yet provide that. My question is since it is draft by a lawyer, does it qualify as an official separation letter or I must seek my own legal advice?
Customer: replied 11 months ago.
Hi I located the draft separation letter from the lawyer as attached which I have signed.. But I am not sure if he did.