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.

If you are going through a separation or divorce, you may have little knowledge of what your financial rights and responsibilities are.

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.

Aliment
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.

Divorce Rights
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 [PDF - 223kB]

Latest service news & features

Image for article: Sequestration forced after father defaults on Minute of Agreement payments

Sequestration forced after father defaults on Minute of Agreement payments

23 April 2015

A recent case where a wife sequestrated her husband in relation to non-payment of child maintenance and spousal aliment highlights the importance of seeking independent legal advice prior to signing a Minute of Agreement.

Image for article: IVF con causes distressing consequences

IVF con causes distressing consequences

10 April 2015

A recent case where a mother had “conned” her ex-husband into believing that the child that they had together was biologically his for over five years, saw the mother being ordered to pay damages to her ex for the distress and humiliation caused.

Image for article: Could your ex have a claim on your cash years after divorce?

Could your ex have a claim on your cash years after divorce?

11 March 2015

The ex -wife of a millionaire businessman has won a landmark Supreme Court case and has been allowed to claim financial support from him 18 years after they were divorced. Could this happen in Scotland? The short answer is yes, but for lots of reasons it is very unlikely.

Image for article: Jude Law plans to put his baby first and make the new-look family work

Jude Law plans to put his baby first and make the new-look family work

18 February 2015

The birth of Jude Law’s baby is imminent and although he and his baby’s mother are no longer a couple they are committed to raising their child as is the case for many modern families.