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JGM, Solicitor
Category: Family Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor. Partner in own firm.
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Please can you advise? Living in Scotland with my spouse of

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Please can you advise? Living in Scotland with my spouse of 8 years how would our assets be divided on divorce and would there be any form of maintenance? Especially during post separation? We married in 2007 my husband was already retired and receiving a good pension. His assets were built up before we married (we did not live together first). I was working, had my own house (mortgaged) which I sold when I moved to Scotland. We currently own a house worth £250,000 and have cash (mostly his). I do not work and haven't done so for three years, I am 57. Thank you.
Thank you for your question. I am a solicitor in Scotland.
You would each be entitled to a half share of all assets accrued during the marriage but not anything that existed pre marriage. The family home would be treated as owned jointly assuming it was bought after the marriage.
As you are not working you would be entitled to maintenance for a period following separation and divorce. The amount would be dependent on your respective financial circumstances following the separation.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Thank you. Please can you advise re cash type assets? Assets held at marriage as cash/bonds have since been changed to different building society accounts. Will these still be included as being assets held at the date of marriage if they have changed in form from one type of cash asset to another? Also what about any assets that have been transferred from husband to wife? Here I am thinking of a bond. Thank you.
Why were the assets changed from account to account and from type to a different type and from husband to wife?
Customer: replied 2 years ago.
Some came to the end of their fixed term, others for tax reasons.
My opinion is that as the assets existed pre marriage the "source of funds" section of the legislation comes into play. In other words, whoever has the assets in name, may not in fact be entitled to them having regard to the original source of the funds and the extent to which the funds were derived from the income and efforts of the parties or either one of them.
Customer: replied 2 years ago.
One final question. If the assets held at the time if the marriage have been reduced by, say 40%, will this reduction be applied to both party's assets? Even if this means I will be in a much worse financial position than I was at the date of marriage, unable to afford to buy the sort of property I previously owned? Thank you.
If both parties have suffered a loss, then yes, both parties would have to bear that unless there is a reason not to do so. Remember the law provides for fair sharing. Fair sharing is equal sharing unless there are special circumstances to detract from that.
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