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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
I have been asked: -- "My husband and I are seperating but still living in the same house at the moment. He would like to buy a property close by but needs his share of the equity in our house to achieve this. I will remortage, which is agreed, to [...]
Some bloggers have complained to me that the cost of divorce is too high and have asked me if they can represent themselves. Of course, you can dismiss your solicitor and represent yourself. This is in the same way that when I pick up a hammer to put a picture [...]
A recent Supreme Court judgement about property sharing by cohabitants after separation has provoked a great deal of interest. The comments made about Gow v Grant are to the effect that Scottish law is much more flexible than English law. I cannot comment since I know nothing of English law [...]
