Financial Provision on Separation and Divorce

When a relationship ends, dividing finances fairly can be one of the most complicated, and emotionally charged, parts of the process. At Pomphreys Solicitors in Wishaw, we help clients across Lanarkshire navigate financial settlements following separation or divorce, ensuring their rights are protected and long-term needs considered.

In Scotland, financial matters on separation or divorce are governed by the Family Law (Scotland) Act 1985. The law begins with a principle of fairness, which often, but not always, means an equal division of matrimonial property.

“Matrimonial property” includes most assets acquired during the marriage or civil partnership. Typically, this consists of the family home, savings, investments, vehicles, pensions accumulated during the relationship, and sometimes business interests. However, assets acquired before the marriage, or after separation, are usually excluded, unless they were used for the family’s benefit.

Because the boundaries aren’t always clear, and values must be assessed properly, expert legal advice is vital from the start.

While an equal division is a common starting point, it’s not always the end point. The law recognises that fairness may require an unequal split in some circumstances—for example, if one spouse stayed home to raise children, gave up career prospects, or faces greater future needs.

We consider not only who acquired what, but also:

• Who made non-financial contributions (e.g. childcare or domestic work)
• What support will each person need to move forward
• Any pre-existing wealth, debts, or health issues
• What would minimise long-term disruption, especially for children

These considerations often shift the balance, especially when one party has significantly more financial security or earning potential than the other.

A good financial settlement doesn’t just work for now—it works for the future. That means taking into account how assets will grow or change over time, as well as the potential impact of divorce on your lifestyle, housing, retirement, and tax position.

We’ll help you make decisions that:

• Secure housing for you and any children
• Safeguard pensions or future income
• Avoid unnecessary tax or legal risks
• Provide stability and finality wherever possible

In many cases, a clean financial break is often the best option. But in others, continuing financial support may be appropriate, for example, during retraining or while children are still young. We’ll help you weigh those options.

With years of experience helping people across Wishaw and Lanarkshire through separation and divorce, Pomphreys offers more than just technical legal knowledge. We bring practical insight, strong negotiation skills, and a calm approach to even the most difficult conversations.

You can count on us for:

• ✅ Clear, realistic advice from the outset
• ✅ Support throughout negotiation or court proceedings
• ✅ Personal service tailored to your circumstances
• ✅ A focus on long-term stability and peace of mind

A fair financial settlement is crucial for moving forward after separation or divorce. Let Pomphreys Solicitors help you protect your rights, negotiate effectively, and plan ahead with confidence. Contact us now to speak with one of our experienced family law solicitors in Wishaw.

You may also wish to explore:

• Separation and Divorce – for guidance on the legal process
• Separation Agreements – to formalise financial terms without going to court
• Estate Planning – to update your arrangements after separation

There are several options, including one party keeping the home, buying out the other, or selling and splitting the proceeds. We’ll help you decide what’s fair and practical.

Not usually. Most financial settlements are agreed through negotiation or mediation and set out in a legally binding Separation Agreement.

We can apply to court to compel disclosure and protect your interests. Full financial transparency is essential for a fair settlement.