Separated but not divorced? Beware of the law!

There are a lot of urban legends about this so ignore them and read this. There are 2 major issues to be considered - your Will and the law of inheritance. Your Will Only divorce (and thus, not separation) affects your Will and so, if you do not want to benefit the separated one, then [...]

By |2022-07-07T12:47:38+00:00October 27th, 2019|Property Law and Estate Agency, Scottish Law, Scottish Wills|

Can I get a Scottish divorce online for under £1000?

Well, the answer is yes. Truthfully, you can (and at a fixed cost - see MyScottishDivorce) but I must also say that divorce is usually preceded by a separation agreement. That is the expensive part and the worst of it is that there is no fixed cost for that. Each of [...]

By |2019-12-13T10:16:58+00:00April 9th, 2019|Scottish Divorce, Scottish Law|

Why Scotland does not need to “overhaul archaic divorce laws”.

You may have seen headlines, recently, talking about this but, if you live in Scotland, they do not apply to you. Judges, In Scotland, do not look at your behaviour and have not done so for a considerable time.. Once you have a separation agreement, behaviour is not an issue [...]

By |2019-12-13T10:26:13+00:00September 16th, 2018|Scottish Divorce, Scottish Law|

Divorce and your Will in Scotland

It is surprisingly common that the ex is left something in the Will. Even more startling is that people do not change their will, at all, after a divorce. Up until the end of 2016, not changing your Will was an option. Divorce had no effect. Not any more! Now if you want your ex [...]

By |2019-12-13T10:56:48+00:00January 3rd, 2017|Scottish Divorce, Scottish Law, Scottish Wills|

Inexpensive and easy Scottish separation agreements. Can it be done? Help needed.

  Bruce de Wert Let us say that you have “separated” and everything is going swimmingly. You have, informally, agreed any current issues. Why on earth would you want to rock the boat? What is the point in making a formal agreement? I feel like a party-pooper when [...]

By |2019-12-13T11:08:15+00:00September 6th, 2015|Scottish Divorce, Scottish Law|

Claims after divorce in Scotland

I have been asked by a lady whether she will have a claim on her ex-husband's pension, after his death. The circumstances were that she separated and there was no separation agreement. They subsequently divorced. There was a house which was jointly owned but her then husband was contributing towards [...]

By |2019-12-13T11:16:26+00:00June 28th, 2015|Scottish Divorce, Scottish Law|

Why is a Scottish separation agreement a good thing.

I have just been asked by a chap whether a letter from a solicitor inviting him to enter into negotiations for a separation agreement should be ignored as he wishes to use my online divorce service to save money. My answer has been that the opportunity to negotiate a separation [...]

By |2019-12-13T11:18:03+00:00February 14th, 2015|Scottish Divorce, Scottish Law|

Married abroad? Want a divorce in Scotland?

I have been asked a number of times whether it is possible to divorce in Scotland, having been married abroad. Take for instance this real life question: – I got married in Newfoundland, Canada and have been legally seperated from my husband since 1999. I now live in Scotland! Can [...]

By |2019-12-13T11:19:04+00:00February 8th, 2015|Scottish Divorce, Scottish Law|

Should I move out?

I have been asked this many times and it is a fraught question. Where a relationship has broken down there is usually a ghastly atmosphere and a tendency, particularly amongst men, to beat a hasty retreat. Generally, I do not advise it. Both parties need to get good, robust legal advice and [...]

By |2019-12-13T11:21:05+00:00December 29th, 2013|Scottish Divorce, Scottish Law|

Divorced but still owning a house together?

It is often the case that a husband and wife divorce but still end up owning a property together. Often one party will have met and want to marry another so the pressure is on for the divorce before proper arrangements have been made or, in other cases, a separation [...]

By |2019-12-13T11:22:52+00:00December 29th, 2013|Scottish Divorce, Scottish Law|