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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12195
Experience:  30 years as a practising solicitor.
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In Divorce, can a woman in a debt repayment program, due to

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In Divorce, can a woman in a debt repayment program, due to matrimonial debt getting out of control after separation, suffering from Rheumatoid Arthritis and coping with 75% of the childcare for the couple's 2 children, qualify for an Unequal Division of Assets?

Her husband is much better off than she is, and earns twice her salary plus a generous expenses package. Plus he had £50,000 pre-matrimonial savings.

What are the criteria for an Unequal Division of Assets?
Thank you for your question.

The criteria for an unequal division of assets is that there are special circumstances which justify unequal sharing.

In recent years the courts in Scotland have been reluctant to make an unequal division of assets.

Special circumstances would not include running up debts post separation and the extent of any pre matrimonial savings, nor would any medical condition unless this meant that the person was entirely incapacitated and could not work.

Unequal division of childcare would be dealt with by child maintenance and possibly spousal maintenance, not by unequal sharing.

Nothing you have said would incline a court to make an order for unequal sharing, I'm afraid.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Even if we can argue that he maliciously set her up with debt, as he pocketed the child benefit for his pensions and policies.

As he is very into money.

At the time of separation she had £17,000 in debt, and he had £120,000 in savings, policies and pensions all accrued in the marriage.

He also earns double her salary.

The debt at the time of separation can be deemed a matrimonial debt and would fall to be paid from the matrimonial assets.

If you could prove malice then you may be able to argue for a degree of recompense.
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