Scottish Divorce Online

fbrander

Husband and I are separating after 26 years. Our children are grown up and we have no mortgage. All we want to do is remove his name from the title deeds in exchange for me giving up any claim on his pension. We are on good terms and are both agreed this is fair.
The solicitors that hold our deeds are rumbling on about legal separation. We are worried that costs may spiral. No solicitor seems willing or able to give us an idea of cost.
Is it possible to do it ourselves. We found the above website which offers the service for £200.
Thoughts?

unholyangel

Did they say legal separation? Or separation agreement?

Rubik

The service you have found is most likely for the divorce only, and wont deal with the financial side of things. Before you can begin divorce proceedings in Scotland, you must first have agreed upon the finances and them set out in a legally binding separation agreement (sometimes called a minute of agreement). If there are no assets, then an affidavit stating there are no assets or financial matters outstanding submitted with the divorce application should be enough.

As you are in agreement, it shouldn't cost you ££££ to have the separation agreement drawn up. Once that's done and registered with the Book of COuncils (and therefore legally binding), you can then initiate the divorce itself, and as your children are all over the age of 16, you can use the Simplified Procedure (after a minimum separation period of 12 months) - this is straightforward and there's no reason why you shouldn't be able to complete those forms yourself.

fbrander

Thanks. Its for a separation agreement. Can a separation agreement deal with removing husbands name from title deeds?

Rubik

IT can state that the house is to be signed over to you etc, but it won't deal with the actual process of removing your husband's name from the deeds - the solicitor drawing it up will be able to recommend someone, either from within their own practice, or a local one.

unholyangel

fbrander wrote: »

Thanks. Its for a separation agreement. Can a separation agreement deal with removing husbands name from title deeds?

A separation agreement can cover anything really, it can be very detailed and will require full financial disclosure from both parties. The alternative would be to have the court divide the assets & debts. He could agree to give up any claim to equity in exchange for your mum not claiming from his pension for example.

If you're looking to keep legal costs down, your parents could agree most things between them, get a solicitor to draft it and then both parties get their own advice before signing it. It will help protect them both and ensure they're going in with their eyes open.

Rubik

unholyangel wrote: »

A separation agreement can cover anything really, it can be very detailed and will require full financial disclosure from both parties. The alternative would be to have the court divide the assets & debts. He could agree to give up any claim to equity in exchange for your mum not claiming from his pension for example.

If you're looking to keep legal costs down, your parents could agree most things between them, get a solicitor to draft it and then both parties get their own advice before signing it. It will help protect them both and ensure they're going in with their eyes open.

It is the OP and her husband who are separating/divorcing, not her parents.

In Scotland, very few divorcing couples end up in court regarding the finances, off the top of my head, it's around 3%.

unholyangel

Rubik wrote: »

It is the OP and her husband who are separating/divorcing, not her parents.

In Scotland, very few divorcing couples end up in court regarding the finances, off the top of my head, it's around 3%.

Whoops, had been reading too many similar situations and didn't reread the OP before posting. They all start to blend into one after a while. Thanks for bringing it to my attention.