Financial Settlements on Divorce and Separation

In Scotland, the time it takes to get divorced depends on the grounds for divorce.  If your spouse has committed adultery or behaved unreasonably, you can apply for divorce any time after separation with evidence to prove their wrongdoing.  Alternatively, you can seek divorce after one year’s separation with the other party’s consent, or after two years with or without their consent. It’s important to note that divorce won’t be granted until satisfactory arrangements are in place for any children and financial issues are resolved, either by agreement or court order. We will guide you through the process and work to achieve the best outcome for you and your family.

While we always aim to resolve family law matters outside of court, there may be situations where court is necessary. If this is the case, we’ll guide you through the process and provide you with the support you need.

The amount of child maintenance you should be paying will vary depending on several factors, such as your income and the needs of your children. The easiest way to find out is to use the online calculator on the Child Maintenance Service website. However, if your case is more complex, you may need to make an application to the court. We can guide you through this process and help you ensure that your children’s needs are being met.

There is an obligation to provide temporary financial support if a) the claimant spouse /civil partner has insufficient income to meet their necessary outgoings and b) the paying spouse has sufficient disposable income to meet the shortfall.

*please note cohabitants who have separated do not have the same right to financial support

You could have up to three separate financial claims depending on your personal circumstances:

1.  child maintenance
   spousal maintenance/aliment
   a fair share of the matrimonial assets (less liabilities).

Your / Your spouse’s  right to child maintenance or spousal maintenance will depend on a number of factors and we would discuss with you whether or not these are likely to apply in your case.

There is a process to follow to determine what matrimonial assets and liabilities should be taken into account, how they should be valued and how they should be divided between you to achieve a fair outcome.

While for the majority of cases in Scotland, an equal division will be considered fair, there are a number of arguments that could lead to unequal sharing in one party’s favour. We are happy to explain this to you in more detail and tailor our advice to your specific circumstances.