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Legal separation

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JCRO82JCRO82 Forumite
1 posts
MoneySaving Newbie
Is it possible to settle a financial legal separation in Scotland, with a lump sum figure if one person is keeping family home etc. We have no desire to split pensions, savings etc belonging to one another.

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  • dutchcloggiedutchcloggie Forumite
    193 posts
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    I would assume you can do this with a financial order if you are also getting divorced. In England this is called a Consent Order if I am not mistaken. The judge would prefer if you agreed between the two of you. I have literally just done the same with my wife. I bought her out of the house and the rest remains the property of whoever is in possession of it right now. We got solicitors to confirm this is a Consent Order and this got sent to court. The judge just checks to see if it is remotely fair.
    But maybe Scotland is different?
  • MovingForwardsMovingForwards Forumite
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    1,000 Posts Name Dropper Photogenic First Anniversary
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    Scotland is similar and there's a lot of information online and with the courts (Sheriff's) saying what needs to be done regarding divorce. I never looked into legal separation as that's just another layer.

    If financial matters are agreed, you can do a quickie divorce as long as there are no children, really cheap and it's quick and easy to do yourself: 
    it's a simple form with a few details to fill in, signed in front of the official at court and handed over, processed by them and they call to take the payment, sends copy to your soon-to-be ex, if no dispute they grant the divorce.
    Think mine took 6 weeks and was under £130, so much cheaper than England and less forms to fill in.

    Of course if you have got children then it's a longer process and costs more.

    Wikivorce is the forum to head to and get guidance about separation / divorce.

    Why do you want a legal separation and not a divorce? 
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