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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 17054
Experience:  30 years as a practising solicitor.
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I need advice urgently. I'm currently trying to set up a

Customer Question

Hi I need advice urgently. I'm currently trying to set up a separation agreement and finalising the financial split. My lawyer has advised me that my ex husband is within his right to give me the settlement by means of a pension but this includes the matrimonial property. I have custody of both children and had to flee due to domestic abuse effectively making us homeless. The matrimonial home is in his name but we had been married throughout the time we were there.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have legal aid and a solicitor
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Airdrie Sheriff Court Scotland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: date of marriage 10/05/02 date of separation 30/08/19
Submitted: 12 days ago.
Category: Scots Law
Expert:  JGM replied 12 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 12 days ago.

What is the precise issue that concerns you? Is it the manner of division of matrimonial property?

Customer: replied 12 days ago.
The issue is this. Although I work I do not have the same standard of living as I did when I was married. I have custody of both children and am renting a house. I had wanted the settlement monies to use as a potential deposit on a property to rebuild my life again. Going by this I wouldn’t get anything until I retire (I’m 44). Whereas my husband could potentially sell the house at any point and have instant capital. Is this lawful?
Customer: replied 12 days ago.
He’s also in the process of discussing a redundancy settlement which I gather I’m not entitled to but is yet another source of capital at his disposal. I fled the home and am starting from scratch
Expert:  JGM replied 12 days ago.

If the home is matrimonial property and you need it for you and the children you can apply to the court for the title to be transferred to you or for the house to be sold to fund a deposit if your husband is prepared or is unable to come up with case. You should discuss this with your own solicitor further. The general principles of financial provision on divorce are very flexible but the specifics of your own scenario should be advised by your own solicitor. It is not a situation of lawful and unlawful. It is what is either negotiated as a settlement or what is ordered by a court.

Expert:  JGM replied 12 days ago.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.