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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12087
Experience:  30 years as a practising solicitor.
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My wife and I are drawing up a voluntary agreement to present

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My wife and I are drawing up a voluntary agreement to present to the court with our divorce papers. I live abroad and my wife lives in Scotland with her new partner. Our children are in the care of my wife and are 17 and 20 respectively. I have agreed that in addition to the house in Scotland, my wife will receive 50% of my pension. I am of the opinion that the pension provision should only continue as long as my ex remains unmarried. She claims that it is her right whether she remarries or not. Which of us is correct?
Thank you for your question.

Your wife would normally be entitled to 50% of the capital value of your pension assuming that all other property acquired during the marriage is also to be split equally.

However if you are talking about the income from your pensions, that would be treated as a maintenance provision and would only last for a maximum of three years from the date of divorce.

Happy to discuss further if you clarify exactly what is proposed.

I hope this helps. Please leave a positive response so that I am credited for my time.
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