Sorting Out The Finances

In Scotland, if no financial order is made on divorce or in a registered separation agreement, there can be no further financial claims on each other in the future once the divorce decree has been granted and the divorce appeal period has passed.

Scottish Divorce law underpins the "clean break" premise when it comes to financial agreements - and these are usually accounted for in capital, although when there isn't sufficient capital deferred lump sum payments are a possibility. The matrimonial assets are usually determined at the time of separation- anything acquired after that date is not usually counted as a matrimonial asset. Bank and savings accounts, whether they are in joint names or not, are also counted as matrimonial assets. It is only the pension/s accrued during the length of the marriage that is relevant. It is very rare that a court will decide the asset split and financial arrangements - only about 3% of cases are decided in court, the majority are haggled out via the solicitors or between the two parties.