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JGM, Solicitor
Category: Law
Satisfied Customers: 12173
Experience:  30 years as a practising solicitor.
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Hi A few days ago my partner agreed to a settlement of £50,000.

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A few days ago my partner agreed to a settlement of £50,000. Because of some of my family's interference I have told him he could have £10,000 after signing the divorce documents, and that he could receive the rest (£40,000) once the divorce papers were back here
(signed, sealed, delivered). He is becoming agitated
MY solicitor informed me that you cannot get a 'quick' divorce if there is any dispute over money. I am not looking forward to a prolonged divorce - it is not doing any one of us any good (I still have a daughter at home - 16, but still at school).
Thank you for your question.

Your solicitor is correct in that you have get the finances sorted before you can start divorce proceedings. However it is perfectly competent to enter into an agreement, in writing, that a payment is made or deferred, in whole or part. It is not uncommon to agree that part of a capital sum is paid once divorce is granted.

The law in Scotland is that a written agreement is binding in family law. It is for the parties to agree the payment arrangement. The court won't interfere with such an arrangement. Unlike England, where the agreement has to have court approval, that is not the case in Scotland.

I'm happy to discuss this further.

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