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RJM Law, Lawyer
Category: Scots Law
Satisfied Customers: 4264
Experience:  LL.B (Hons)
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Applying for divorce, No assets ,,yes, Iam in Scotland and

Customer Question

Applying for divorce
JA: What are the assets involved here? Are there any minor children?
Customer: No assets ,,yes
JA: Where are you located? Divorce laws vary by location.
Customer: Iam in Scotland and wife in England Separated since 2012
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 7 days ago.
Category: Scots Law
Expert:  Jeremy Aldermartin replied 7 days ago.

How can I help?

Customer: replied 7 days ago.
Hi ,, I got married in July 2010 in England and separated from my wife in May 2012 with two kids aged 11 and 9 ..
Then she opened a child maintenance case back in 2012 or 2013 and Iam paying child maintenance since that time every month and I receive the review from the Child maintenance agency every year in May ...we don't have any financial ties together by any means because the whole marriage only lasted for two years and I had no money when we separated,,,on the other hand when we separated she was much in a better financial situation than me she owns two houses ...
Years gone by and my financial situation got much better with good job and I bought a house in 2018 in England but she doesn't know about that ..
In 2018 I had to move to Scotland for a better job and now live in Scotland since then...
I want to apply for divorce and I know there are big differences between the Scottish and English divorce procedures...I don't want her to claim anything of my assets which was acquired after the separation and also I don't want to claim anything from her ... According to my situation here is it better for me to apply for divorce here in Scotland or England ? As far as I know I can apply in both ...And how to make the divorce final regarding the financial matters final so she won't claim anything after divorce,,,I know in Scotland here once the divorce is final she can't claim anything after the divorce,,,
Regarding the spousal maintenance,,,can she claim that in England or Scotland ?....she works but Iam not sure if she does part time or full time ,,,I know in Scotland maximum term for spousal maintenance is three years and in England can be a life time ....I need your professional advice please
Expert:  RJM Law replied 7 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you.

I will be able to provide you with guidance in relation to your question which should assist in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.

Expert:  RJM Law replied 7 days ago.

Thank you I am just looking at this matter for you now.

Expert:  RJM Law replied 7 days ago.

Thank you for the information, it is always unfortunate when a marriage breaks down however it is important to be prepared. During the marriage, both partners obtain matrimonial assets during this period. These are considered matrimonial assets regardless of who obtains them. Everything from savings, pensions, property, assets both liquid and moveable and property etc. are all considered matrimonial assets. So just to give you an example if partner A has no job, but Partner B saves £200k. during the marriage, buys the matrimonial home valued at £200k and has increased their pension by £200k all during the marriage, then partner A has obtained matrimonial assets at a share of £300k. There are of course, as with everything in law, exceptions to this such as inherited property.

When a couple separates, sometimes a lesser earning partner can obtain spousal maintenance. However, this requires to be assessed on an individual basis. I would always advise obtaining a separation agreement when separating. It is important to understand your matrimonial rights prior to agreeing to anything as this will be legally binding. In this case, I would advise instructing a solicitor, so you are aware of your rights and make an agreement which is in your best interest based on your current matrimonial rights and protect yourself moving forward. These agreements can also provide assistance if you are later looking to obtain a divorce.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.