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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12089
Experience:  30 years as a practising solicitor.
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I am currently working away from home at the moment and my

Customer Question

I am currently working away from home at the moment and my wife has just asked me for a separation period but it looks like my marriage could be over by the look of things.
I want to know what I need to pay legally, see below my current situation at home.
4 Children, 24, 22, 17 and 14.
How will I need to pay towards for children, mortgage / bills, Direct Debits etc.
My wife works part time 2 to 4 nights as a staff nurse.
I just want to make sure I follow the correct procedure and not do anything to incriminate me at a later date.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Some questions for you.
What do your three elder children do?
What do you do and what is the differential is earnings with your wife, if any?
What assets and liabilities are there in the marriage and what are the values of any pensions?
Very broadly, marriage is treated as an equal partnership and on a separation assets and liabilities are split equally unless there are reasons why that shouldn't happen. Likewise the cost of children in further education is an equal liability. An absent parent has to pay child maintenance for a child at school.
All squirt during the marriage and all debts accrued during the marriage are taken into account. Property squired by one or other party pre marriage or anything gifts or inherited by either of you from a third party at any time is generally excluded unless it has been "paid" into the marital pot, eg, an inheritance used to build an extension or buy a new kitchen.
Happy to discuss further when you have had a think about the issues I've raised.
I hope this helps. Please leave a positive response so that I am credited for my time.