10 Essential Facts

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10 Essential Facts

My husband left me last week, how soon can I get divorced from him?

You can start divorce proceedings as soon as you are separated but only if you have behaviour grounds for divorce. Your spouse must have behaved in such a way that you cannot be expected to continue to live with him or her. The behaviour does not have to be extreme but neither can it be trivial. If you have no behaviour grounds and you and your spouse have simply drifted apart, you will have to wait until you have either been separated for one year (with the consent of your spouse) or two years, when no consent is needed.

When can I claim to be separated?

We’re both still staying in the same house because neither of us can afford to move out but the marriage is over. You can be classed as separated even if you are living in the same house as your spouse. This is provided that you are not living together as ‘husband and wife’. Often a couple have no choice but to continue to live together even if they no longer consider themselves to be living as husband and wife. This is a factual matter: are you socialising together, are you sleeping together, do you eat together, do you still do the things that you always did when you were living as husband and wife, have you discussed things and agreed that you are separated?

Can I put my wife/husband out of the house - it’s in my name.

There are circumstances under which you can have your wife or husband removed from the family home but you cannot do this just because it is in your sole name. There has to be a legal basis for this such as domestic violence or fear and alarm. The general law is that both parties have a right to continue to live in the family home.

I had the house and all the furniture before I met him - is he entitled to half of it?

In general, items owned prior to the marriage do not constitute matrimonial property and remain the property of the person who bought them. However, in particular in relation to a family home, there are circumstances under which a property can still be considered part of the matrimonial property even if it was bought in one person’s name prior to the marriage. This is something that your solicitor can talk to you about.

She walked out on us, can I refuse to give her anything because she doesn't deserve it?

Whether one person deserves or does not deserve a share of the matrimonial property is not relevant, apart from in very particular circumstances. In general, the behaviour of one of the spouses does not affect their financial legal entitlement.

My husband left me last week, how soon can I get divorced from him?

You are able to prove your spouse has committed adultery. You can then apply for a divorce immediately. However, if you have known that your spouse has committed adultery and you continue to live with them for more than three months then you are deemed to have condoned that adultery and cannot then proceed with a divorce on that ground.

My husband left me last week, how soon can I get divorced from him?

You can establish that your spouse’s behaviour is such that you cannot reasonably be expected to continue to live with them – this is often referred to as ‘unreasonable behaviour’. You can then apply for a divorce immediately. You would have to provide evidence from someone else to confirm the position. Unreasonable behaviour does not necessarily mean just physical abuse. It can also cover issues such as alcohol or drug abuse or gambling, as well as emotional abuse.

I’ve got a good pension but I want to keep it. I worked hard to build up my pension whilst she just stayed at home with the kids.

A pension is a matrimonial asset if built up during the marriage. Often it is one of the main assets. Each of the parties to the marriage is entitled to a fair share of the matrimonial property. A pension, built up during the marriage, counts as part of that matrimonial property. Any part of your pension built up prior to the marriage, in general, does not count towards the matrimonial property.

Who’s going to pay all the bills? He’s got lots of debts and credit cards, I assume it’s his responsibility to pay these.

Any debts, like any asset, incurred during the course of the marriage is counted as matrimonial debt and both parties are liable to pay this. There are certain quite restricted circumstances under which one person’s debt has to be paid by him or her alone. These circumstances can be discussed with you and explained to you by your solicitor but in general if the debts were run up for family purposes such as family holidays, shopping and other such items then they will count as joint debts. This is even if they are in the name of one party alone. The payment of utility bills etc. is often a grey area. If your spouse has moved out of the property he or she will have bills to pay in their new property. They should continue to pay half the mortgage and half the building’s insurance but the on-going utility bills etc. are generally the responsibility of the person living in the house and using the electricity. If you cannot afford to pay the bills there are ways of seeking assistance towards this from your spouse, this is discussed below.

My husband left me last week, how soon can I get divorced from him?

We Have Separated, What Next?

My husband left me last week, how soon can I get divorced from him?

If you have agreed all financial matters and care arrangements for any children, and had the terms legally drawn up in a Separation Agreement, then you can apply for a divorce if you meet one of the grounds for divorce listed above.

Is it right that I’m entitled to nothing because everything is in her name?

No this is not correct. If assets were bought during the course of the marriage, even if in one person’s sole name, the general rule is that they are joint assets and each of the spouses are entitled to a fair share of the matrimonial property.

He left us for another woman, can I use this as a reason to stop him seeing the kids? I don’t want them to ever meet her and I hate him.

In general it is thought to be in childrens’ best interests to have contact with both of their parents. Even if the separation is very acrimonious or your spouse has treated you very harshly, this, in general, does not affect a parent’s entitlement to see their children. There are expectations to this rule but as a general rule you should try to protect the children from the repercussions of the breakdown of a marriage and encourage them to continue to have contact with the other parent.

I don’t have any money to live off, how can I get him/her to pay me some money?

There are legal means, through court, of getting an order for payment of money from your ex-spouse. If your spouse is not willing to agree to pay you any ‘aliment’ then you can go to court to ask a Sheriff to grant you a sum of money, usually payable weekly or monthly. These aliment orders are usually for a specific period of time with a view to allowing you to adjust to your new financial circumstances. The amount of aliment paid is based on ‘necessity’ and ‘ability to pay’. You have to be able to prove how much money you need live off (utility bills etc.) and you have to be able to show that your spouse can afford to pay towards these.

Irvine 10 Essential Facts

Practical Guides

10 Essential Facts

My husband left me last week, how soon can I get divorced from him?

You can start divorce proceedings as soon as you are separated but only if you have behaviour grounds for divorce. Your spouse must have behaved in such a way that you cannot be expected to continue to live with him or her. The behaviour does not have to be extreme but neither can it be trivial. If you have no behaviour grounds and you and your spouse have simply drifted apart, you will have to wait until you have either been separated for one year (with the consent of your spouse) or two years, when no consent is needed.

When can I claim to be separated?

We’re both still staying in the same house because neither of us can afford to move out but the marriage is over. You can be classed as separated even if you are living in the same house as your spouse. This is provided that you are not living together as ‘husband and wife’. Often a couple have no choice but to continue to live together even if they no longer consider themselves to be living as husband and wife. This is a factual matter: are you socialising together, are you sleeping together, do you eat together, do you still do the things that you always did when you were living as husband and wife, have you discussed things and agreed that you are separated?

Can I put my wife/husband out of the house - it’s in my name.

There are circumstances under which you can have your wife or husband removed from the family home but you cannot do this just because it is in your sole name. There has to be a legal basis for this such as domestic violence or fear and alarm. The general law is that both parties have a right to continue to live in the family home.

I had the house and all the furniture before I met him - is he entitled to half of it?

In general, items owned prior to the marriage do not constitute matrimonial property and remain the property of the person who bought them. However, in particular in relation to a family home, there are circumstances under which a property can still be considered part of the matrimonial property even if it was bought in one person’s name prior to the marriage. This is something that your solicitor can talk to you about.

She walked out on us, can I refuse to give her anything because she doesn't deserve it?

Whether one person deserves or does not deserve a share of the matrimonial property is not relevant, apart from in very particular circumstances. In general, the behaviour of one of the spouses does not affect their financial legal entitlement.

My husband left me last week, how soon can I get divorced from him?

You are able to prove your spouse has committed adultery. You can then apply for a divorce immediately. However, if you have known that your spouse has committed adultery and you continue to live with them for more than three months then you are deemed to have condoned that adultery and cannot then proceed with a divorce on that ground.

My husband left me last week, how soon can I get divorced from him?

You can establish that your spouse’s behaviour is such that you cannot reasonably be expected to continue to live with them – this is often referred to as ‘unreasonable behaviour’. You can then apply for a divorce immediately. You would have to provide evidence from someone else to confirm the position. Unreasonable behaviour does not necessarily mean just physical abuse. It can also cover issues such as alcohol or drug abuse or gambling, as well as emotional abuse.

I’ve got a good pension but I want to keep it. I worked hard to build up my pension whilst she just stayed at home with the kids.

A pension is a matrimonial asset if built up during the marriage. Often it is one of the main assets. Each of the parties to the marriage is entitled to a fair share of the matrimonial property. A pension, built up during the marriage, counts as part of that matrimonial property. Any part of your pension built up prior to the marriage, in general, does not count towards the matrimonial property.

Who’s going to pay all the bills? He’s got lots of debts and credit cards, I assume it’s his responsibility to pay these.

Any debts, like any asset, incurred during the course of the marriage is counted as matrimonial debt and both parties are liable to pay this. There are certain quite restricted circumstances under which one person’s debt has to be paid by him or her alone. These circumstances can be discussed with you and explained to you by your solicitor but in general if the debts were run up for family purposes such as family holidays, shopping and other such items then they will count as joint debts. This is even if they are in the name of one party alone. The payment of utility bills etc. is often a grey area. If your spouse has moved out of the property he or she will have bills to pay in their new property. They should continue to pay half the mortgage and half the building’s insurance but the on-going utility bills etc. are generally the responsibility of the person living in the house and using the electricity. If you cannot afford to pay the bills there are ways of seeking assistance towards this from your spouse, this is discussed below.

My husband left me last week, how soon can I get divorced from him?

We Have Separated, What Next?

My husband left me last week, how soon can I get divorced from him?

If you have agreed all financial matters and care arrangements for any children, and had the terms legally drawn up in a Separation Agreement, then you can apply for a divorce if you meet one of the grounds for divorce listed above.

Is it right that I’m entitled to nothing because everything is in her name?

No this is not correct. If assets were bought during the course of the marriage, even if in one person’s sole name, the general rule is that they are joint assets and each of the spouses are entitled to a fair share of the matrimonial property.

He left us for another woman, can I use this as a reason to stop him seeing the kids? I don’t want them to ever meet her and I hate him.

In general it is thought to be in childrens’ best interests to have contact with both of their parents. Even if the separation is very acrimonious or your spouse has treated you very harshly, this, in general, does not affect a parent’s entitlement to see their children. There are expectations to this rule but as a general rule you should try to protect the children from the repercussions of the breakdown of a marriage and encourage them to continue to have contact with the other parent.

I don’t have any money to live off, how can I get him/her to pay me some money?

There are legal means, through court, of getting an order for payment of money from your ex-spouse. If your spouse is not willing to agree to pay you any ‘aliment’ then you can go to court to ask a Sheriff to grant you a sum of money, usually payable weekly or monthly. These aliment orders are usually for a specific period of time with a view to allowing you to adjust to your new financial circumstances. The amount of aliment paid is based on ‘necessity’ and ‘ability to pay’. You have to be able to prove how much money you need live off (utility bills etc.) and you have to be able to show that your spouse can afford to pay towards these.

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10 Essential Facts

My husband left me last week, how soon can I get divorced from him?

You can start divorce proceedings as soon as you are separated but only if you have behaviour grounds for divorce. Your spouse must have behaved in such a way that you cannot be expected to continue to live with him or her. The behaviour does not have to be extreme but neither can it be trivial. If you have no behaviour grounds and you and your spouse have simply drifted apart, you will have to wait until you have either been separated for one year (with the consent of your spouse) or two years, when no consent is needed.

When can I claim to be separated?

We’re both still staying in the same house because neither of us can afford to move out but the marriage is over. You can be classed as separated even if you are living in the same house as your spouse. This is provided that you are not living together as ‘husband and wife’. Often a couple have no choice but to continue to live together even if they no longer consider themselves to be living as husband and wife. This is a factual matter: are you socialising together, are you sleeping together, do you eat together, do you still do the things that you always did when you were living as husband and wife, have you discussed things and agreed that you are separated?

Can I put my wife/husband out of the house - it’s in my name.

There are circumstances under which you can have your wife or husband removed from the family home but you cannot do this just because it is in your sole name. There has to be a legal basis for this such as domestic violence or fear and alarm. The general law is that both parties have a right to continue to live in the family home.

I had the house and all the furniture before I met him - is he entitled to half of it?

In general, items owned prior to the marriage do not constitute matrimonial property and remain the property of the person who bought them. However, in particular in relation to a family home, there are circumstances under which a property can still be considered part of the matrimonial property even if it was bought in one person’s name prior to the marriage. This is something that your solicitor can talk to you about.

She walked out on us, can I refuse to give her anything because she doesn't deserve it?

Whether one person deserves or does not deserve a share of the matrimonial property is not relevant, apart from in very particular circumstances. In general, the behaviour of one of the spouses does not affect their financial legal entitlement.

My husband left me last week, how soon can I get divorced from him?

You are able to prove your spouse has committed adultery. You can then apply for a divorce immediately. However, if you have known that your spouse has committed adultery and you continue to live with them for more than three months then you are deemed to have condoned that adultery and cannot then proceed with a divorce on that ground.

My husband left me last week, how soon can I get divorced from him?

You can establish that your spouse’s behaviour is such that you cannot reasonably be expected to continue to live with them – this is often referred to as ‘unreasonable behaviour’. You can then apply for a divorce immediately. You would have to provide evidence from someone else to confirm the position. Unreasonable behaviour does not necessarily mean just physical abuse. It can also cover issues such as alcohol or drug abuse or gambling, as well as emotional abuse.

I’ve got a good pension but I want to keep it. I worked hard to build up my pension whilst she just stayed at home with the kids.

A pension is a matrimonial asset if built up during the marriage. Often it is one of the main assets. Each of the parties to the marriage is entitled to a fair share of the matrimonial property. A pension, built up during the marriage, counts as part of that matrimonial property. Any part of your pension built up prior to the marriage, in general, does not count towards the matrimonial property.

Who’s going to pay all the bills? He’s got lots of debts and credit cards, I assume it’s his responsibility to pay these.

Any debts, like any asset, incurred during the course of the marriage is counted as matrimonial debt and both parties are liable to pay this. There are certain quite restricted circumstances under which one person’s debt has to be paid by him or her alone. These circumstances can be discussed with you and explained to you by your solicitor but in general if the debts were run up for family purposes such as family holidays, shopping and other such items then they will count as joint debts. This is even if they are in the name of one party alone. The payment of utility bills etc. is often a grey area. If your spouse has moved out of the property he or she will have bills to pay in their new property. They should continue to pay half the mortgage and half the building’s insurance but the on-going utility bills etc. are generally the responsibility of the person living in the house and using the electricity. If you cannot afford to pay the bills there are ways of seeking assistance towards this from your spouse, this is discussed below.

My husband left me last week, how soon can I get divorced from him?

We Have Separated, What Next?

My husband left me last week, how soon can I get divorced from him?

If you have agreed all financial matters and care arrangements for any children, and had the terms legally drawn up in a Separation Agreement, then you can apply for a divorce if you meet one of the grounds for divorce listed above.

Is it right that I’m entitled to nothing because everything is in her name?

No this is not correct. If assets were bought during the course of the marriage, even if in one person’s sole name, the general rule is that they are joint assets and each of the spouses are entitled to a fair share of the matrimonial property.

He left us for another woman, can I use this as a reason to stop him seeing the kids? I don’t want them to ever meet her and I hate him.

In general it is thought to be in childrens’ best interests to have contact with both of their parents. Even if the separation is very acrimonious or your spouse has treated you very harshly, this, in general, does not affect a parent’s entitlement to see their children. There are expectations to this rule but as a general rule you should try to protect the children from the repercussions of the breakdown of a marriage and encourage them to continue to have contact with the other parent.

I don’t have any money to live off, how can I get him/her to pay me some money?

There are legal means, through court, of getting an order for payment of money from your ex-spouse. If your spouse is not willing to agree to pay you any ‘aliment’ then you can go to court to ask a Sheriff to grant you a sum of money, usually payable weekly or monthly. These aliment orders are usually for a specific period of time with a view to allowing you to adjust to your new financial circumstances. The amount of aliment paid is based on ‘necessity’ and ‘ability to pay’. You have to be able to prove how much money you need live off (utility bills etc.) and you have to be able to show that your spouse can afford to pay towards these.

DIVORCE & SEPARATION LAWYERS

Looking For the Best Irvine Divorce Lawyer? - Prd by JLQ©


GET ADVICE & CALCULATE YOUR COSTS

Official Scottish Legal Divorce Law Finder - Prd by JLQ©

Divorce Advice
Quick Legal Guides

Separation Advice
Quick Legal Guides

Family Agreements
Quick Legal Guides

Disputes & Mediation
Quick Legal Guides

Scottish Divorce Law
Know The Facts

10 Essential Facts
Legal Quick Guides

Divorce Facts
Know The Law

Planning Ahead
Legal Quick Guides

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