If you separate from your spouse, it’s important to get early advice on the financial issues that arise. We can offer you clear, practical advice on how to protect your interests and achieve the most beneficial settlement.
We can provide advice on all the financial issues and tax consequences arising including maintenance for your family and the treatment of assets such as business interests and pensions.
Spouses have a duty to “aliment” i.e. maintain each other until divorce. The duty is to provide such support as is reasonable in the circumstances and the Court will consider the following factors:
• The needs and resources of the parties
• The earning capacities of the parties
• All the circumstances of the case
There is no such duty for cohabitants.
We will be able to advise as to the level of aliment you should be entitled to receive/pay and how to progress matters quickly.
In Scotland, in an action for divorce, either spouse may apply to the Court for “financial provision on divorce”. The Courts must consider several principles when deciding what financial provision to award and also what is reasonable, having regard to the resources of the parties.
The guiding principle for financial provision on divorce is one of fair sharing of the net value of the matrimonial property, as at date of separation between the parties. “Fair sharing” has been interpreted as dividing property on a 50/50 basis, although there can be various circumstances where property is not split equally. Advice is essential to determine whether there are such circumstances in each individual case.
For more information about the financial issues involved in separation and divorce, download our easy-to-understand briefing on the subject. Financial Issues
Latest service news & features
13 February 2014
With Valentine’s Day just round the corner, thoughts are focused on romance. February is a time when many couples decide to take the next step in their relationship, whether that be moving in together or getting engaged.
3 February 2014
A new Partner has been appointed to the Family Law team. Alison McKee, one of Scotland’s most qualified and experienced family lawyers, will be based in the firm’s Glasgow office. She is accredited by The Law Society of Scotland as a specialist in both Child and Family Law.
10 January 2014
When a couple separate, one of the most common concerns is whether one person can force the other to leave a shared family home. Here, We look broadly at the rights of spouses or civil partners prior to divorce or dissolution and also cohabitants.