Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Financial Separation

3 replies

talkingdeadscot · 08/12/2022 16:11

I'm in Scotland and about to file for a simple divorce. There's no disagreement about finances, no children. From reading the paperwork it appears there's no need to file a separate financial agreement. Is this correct.

Just checking as I don't want to find later that my ex husband could have a claim on any property going forward.

Thanks

OP posts:
Newlifestartingatlast · 16/12/2022 10:41

Scottish law is different from England so you’ll need folks for. Scotland to answer.
but in England, you should get a “consent agreement”. This is a legal document “sealed” by the courts at your final divorce that stipulates the financial agreement you and ex have made and is mostly what is called “clean break” so that spouses have no further redress to claim financially from each other in the future.
whilst it’s not mandated legally you have to do this, quite frankly you’d be an idiot not to - it leaves parties wide open for future claims on inheritances, winnings, increased salary, pensions etc indefinitely for the rest of their lives. Even in the most amicable and trusting of separated parties that’s a hell of a risk.

it can be done relatively cheaply but needs a solicitor to draw up the draft in “legal speak” based on what you and ex agreed and documented yourselves.

Newlifestartingatlast · 16/12/2022 10:44

Ok, quick look..seems the equivalent is called a “minute of agreement” in Scottish law.
have a look at Scottish Gov site on divorce to get information on this.

talkingdeadscot · 24/12/2022 08:27

Thanks for your help, much appreciated.

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread