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Legal matters

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Family law Scotland advice please

3 replies

Youdontseehow · 16/07/2025 12:05

My friend has been separated from husband (living in a rental with two teen DC while husband stays in family home) for about 4 years.

For context;

  • Ex’s parents own the “family home” and have plans to leave it to friends DC/their grandchildren
  • Friend’s ex has not worked since they got married owing to “mental health issues”. He basically lived off her full time wage and money his parent gave him
  • he gives friend nothing wrt maintenance for their DC. DC are now 16 and 18 both in full time education and visit their dad but don’t stay over with him anymore

Friend has worked full time through the marriage. She’s considering taking her pension early, getting a lump sum and buying a property to get out of renting. She would “retire and return” (NHS worker) so would access her pension early (with actuarial reduction) but continue in her job.

Looking for advice on the following;

  • would her ex have a claim on her pension and/or lump sum? I think yes but only up to date of separation???
  • would she have any sort of claim on family home given his parents own it? Could she use this as a way of protecting her pension?
  • he has no assets - he’s an abusive lazy arse but that’s another thread!

she is seeking legal advice but I’m wondering if anyone here can furnish us with a little info.
TIA

edited to add - married 18 years

OP posts:
N0Tfunny · 16/07/2025 20:25

IANAL but this is what I think.

Yes he will have a claim on her pension from the date of marriage to the relevant date ( when they spilt up ).

She won’t have a claim on the property they rented from his parents.

The divorce court won’t consider child maintenance - your friend needs to claim via the CMS for her children who are in non advanced education ( school or uni). But if he’s not earning anything and on benefits she will only get £7 / week.

She needs legal advice before taking her pension.

Youdontseehow · 16/07/2025 21:00

@logicisall not sure as they’ve not actually perused divorce yet

@N0Tfunny yes and she is - I think i was just hoping to spur her into reality as she is being a bit head in the sands about it

OP posts:
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