Scotland vs England Divorce

[talkingdeadscot]

I will be leaving my husband next year when I've sorted a new home. I understand that if I divorce in Scotland (where we live) then there's a presumption of 50/50 division of assets. Does anyone know if that's enforced if we decided otherwise between us? Thanks

Not in my experience. STBXH and I sat down and discussed division of our assets amicably, and came up with a draft agreement ourselves, and then I had a minute of agreement drawn up and registered by my solicitor. We had agreed on a 62.5/37.5 split in my favour with regards to the house (because that was how much I could raise by way of a mortgage to buy him out so as to stay in the house with the kids), but I rescinded any rights to his small pension. Probably worked out at 60/40 over all. My solicitor advised me that I should go after a share of the pension, but there was no discussion about the percentage split at all. It’s all signed and sealed now, just waiting for ex to pull his finger out and get the divorce sorted.

@NeverEnoughCats

Not in my experience. STBXH and I sat down and discussed division of our assets amicably, and came up with a draft agreement ourselves, and then I had a minute of agreement drawn up and registered by my solicitor. We had agreed on a 62.5/37.5 split in my favour with regards to the house (because that was how much I could raise by way of a mortgage to buy him out so as to stay in the house with the kids), but I rescinded any rights to his small pension. Probably worked out at 60/40 over all. My solicitor advised me that I should go after a share of the pension, but there was no discussion about the percentage split at all. It’s all signed and sealed now, just waiting for ex to pull his finger out and get the divorce sorted.

Great, thanks for the info, very reassuring.