Separation and divorce can be emotionally overwhelming, but understanding your legal rights and financial position can make the process more manageable. This article explains how assets, debts, and family arrangements are dealt with under Scots law and highlights how Pomphreys Solicitors can guide and support you through every stage of your separation or divorce.
When a relationship breaks down, it can be difficult to think clearly. Emotions such as anger, sadness, or frustration often cloud decision-making. At Pomphreys, we understand how challenging this time can be. Our family law solicitors offer practical advice and compassionate support to help you make informed choices and move forward with confidence.
Recording the Terms of Separation
A key step in managing separation is to put a Minute of Agreement in place. This document sets out what has been agreed between both parties and how matters such as finances, children, and property will be handled going forward. Having a clear, written record helps avoid misunderstandings and provides legal protection for both sides.
Determining the Date of Separation
The legal date of separation is crucial, as it determines when assets and debts are valued. This date can significantly affect financial outcomes, so it must be established accurately. Importantly, “fault” or “blame” has no bearing on how assets are divided.
The Family Home
If the family home is owned by one spouse or civil partner, the other still has a right to live there until the marriage or partnership legally ends. Under the Matrimonial Homes and Civil Partnership legislation, the property cannot be sold without the consent of both parties, particularly if the non-owning spouse or partner lives in the home.
What Counts as Matrimonial Property?
Matrimonial property generally includes assets acquired between the date of marriage (or civil partnership) and the date of separation. This might include:
- The family home and its contents
- Pensions
- Savings and investments
- Vehicles or other assets purchased during the relationship
Property or money received as a gift or inheritance is not usually matrimonial property unless it has been used to buy something for the marriage, such as a joint home or family car.
Debts are also part of the calculation. Joint debts are typically divided equally, while personal debts remain the responsibility of the individual who incurred them.
All assets and debts must be valued, often with help from professionals such as surveyors, accountants, or stockbrokers.
How Are Assets and Debts Divided?
The starting point in Scots law is that matrimonial assets are divided equally. However, there are circumstances where an unequal division may be justified. For example:
- If one partner gave up career opportunities to raise children, they may be entitled to a compensatory payment.
- If one partner has been economically disadvantaged, they may be entitled to an additional share of assets.
- If children under 16 live primarily with one parent, the court may order that the family home be transferred to them.
- Temporary or periodical allowances may be available to support retraining or to help rebuild financial independence.
In some cases, Aliment payments (ongoing financial support) may be required. This depends on each party’s financial position, needs, and earning capacity.
Arrangements for Children
Where children are involved, their best interests always come first. Agreements should be reached about residence and contact arrangements, taking into account the children’s wishes and views where appropriate.
Pomphreys will help you find the best way forward, whether through solicitor negotiations, mediation, or collaborative family law processes.
Negotiating and Finalising Agreement
Negotiations between solicitors often take place through correspondence and meetings. Once agreement is reached, the terms are formalised in a Minute of Agreement and registered in the Books of Council and Session, making it legally binding.
It’s important to remain patient, as achieving a fair settlement takes time. Rushing to sign documents without advice can lead to long-term issues, so always seek independent legal guidance before agreeing to anything.
Why Choose Pomphreys?
At Pomphreys, we combine legal expertise with genuine care for our clients. We know that separation is not only a legal matter but also a deeply personal one. Our solicitors will:
- Provide clear, practical advice at every stage
- Ensure your financial and parental rights are protected
- Explore all available options for resolution, including mediation
- Handle your case with professionalism and confidentiality
Moving Forward
Whether you’re facing separation, divorce, or need help negotiating financial or childcare arrangements, you don’t have to face it alone. Pomphreys’ experienced family law team will guide you every step of the way, helping you find the best possible outcome for you and your family.
Get in touch with Pomphreys Solicitors today to discuss your circumstances in confidence and receive clear, tailored advice on your next steps.
This article is by Iain Wilson
Iain Wilson, Partner
Iain Wilson graduated from Glasgow University with honours. He joined Pomphrey’s in 1997, becoming a Partner in 2004.
Iain deals with all civil court matters and specialises in Family Law, Divorce, Separation, Matrimonial and cohabitation claims, and Contact and Residence orders in relation to children.
Tel: 01698 373365
Email: icw@pomphreyslaw.com
