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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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My husband and I were married years and divorced 10

Customer Question

My husband and I were married for 28 years and divorced 10 years ago. I worked part time during our marriage in order to look after our daughter. My husband has just retired - could I claim for a share of his pension. We did not involve lawyers when we divorced- my husband handled everything and I was very naive
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
No, in Scotland any financial provision has to be made before the grant of divorce. You no longer have any claim. It should have been dealt with before the divorce.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Are you quite sure as I was previously advised that I may have a claim - would you mind double checkin
Expert:  JGM replied 2 years ago.
There is an English case called Wyatt v Vince in which the Supreme Court recently ruled that an ex wife could make a claim for financial provision against her ex husband after 20 years because the husband failed to support the children.
You can see that case on the Supreme Court website. It is an English case and turns largely on its own facts. It is doubtful that Scots law would follow that course given that the "clean break" principal is adhered to more strongly in Scotland that's in England.
So, I'm not saying that you could not make a claim, but I have reservations that your claim would be successful.