How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11750
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I would like advise on my husbands pension entitlements. He

Customer Question

I would like advise on my husbands pension entitlements. He has asked for split and we have yet to discuss finances as he's not in country until next week. He has a lot of shares and good pension. I am a carer for my son so only have a deferred bt pension.
I am confused on the options. I do not wish for immediate divorce as will need to sort out house and son etc. I would like it as amicable as possible and less time in court if allowed. However can I have a part of his pension until he retires in 10 years time so that I would get payment then also?
Assistant: Where are you located? It matters because laws vary by location.
Customer: I am Scotland, he is Singapore. He does not pay U.K. Tax at moment
Assistant: Has anything been filed or reported?
Customer: Not as yet. We have still yet to meet up, which will be next week when he is home. So no financial discussions have been set. I suspect he has made plans already though
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: His work shares, I know he has a lot, however I think he may sell some and put in his Singapore account. Would I be entitled to half also?
Submitted: 2 months ago.
Category: Scots Law
Expert:  JGM replied 2 months ago.

Thanks for your question. Under Scots law you are entitled to half of all assets accrued during the marriage including property, pensions, shares etc. The proportion of each can be a matter for discussion. For example if you want the house for you and your son then you could agree that you get the house but less of his pension. That is just an example. There is flexibility in the law and the parties can agree anything they want. If they can't agree the court will decide for them. So a pension share would be part of the overall settlement. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you for your reply. If my husband refuses to include his pension and shares in his offer to me, will this mean a lengthy court case and how
would it work if he's out the country?
Expert:  JGM replied 2 months ago.

If he takes proper advice that should not happen. If it does then yes, it can take time and if th case is raised by you in this country he would have to instruct representation here. That is sometimes not easy in family law cases as personal appearances are required during the court procedure.