• About Kee Solicitors - Family Law Specialists Glasgow, Aberdeen, Scotland

    Our specialist, Glasgow-based family lawyers provide expert advice and representation

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Our Family Law Practice

Providing representation across Scotland.

Kee Solicitors from the outset was set up to be a modern, transparent and approachable law firm. We have central and accessible offices in Glasgow and Aberdeen. 

It is not always essential for you to meet your Solicitor face to face; therefore, we also offer Facetime and Skype meetings if you prefer. We can provide you with excellent service across a range of legal matters that arise in the course of family life.

Meet The Team

Is Everything Split 50/50 in a Divorce?

In this article we explore how marital property and finances are divided in the case of a divorce.

Although Scottish Courts assume a 50/50 split of marital property as a starting point during divorce cases, the Courts are not always involved in financial arrangements. Furthermore, there are also many special circumstances that can challenge the even split assumption.

Due to the number of factors involved it is crucial you seek out reliable and informed advice from a solicitor. Kee Solicitors will make sure you are fully prepared for any negotiations and potential legal battles, ensuring the best possible result for your individual circumstance.

To speak to one of our experienced solicitors, give us a call on 0141 478 9090.

Is Court Intervention Required?

Courts are required to process every divorce in Scotland, but often their role is essentially administrative. For example, if the couple has no property or significant financial affairs, they might choose simply to organise everything themselves.

In fact, most divorce cases in Scotland are settled without the Court's input on how finances should be distributed because a private settlement has already been arranged. Although disputes may still arise, these can be resolved through various methods of Alternative Dispute Resolution (ADR):

Negotiation: This is a negotiation either between the parties or their respective solicitors. This is the solution for most divorce disputes in Scotland.

Mediation: A non-solicitor practitioner will mediate in an attempt to guide the parties to an agreement.

Collaborative: Solicitors and both parties agree to work towards a solution with an agreement not to go to Court. This somewhat offsets a party's power to threaten court action, as is the case with negotiations.

Arbitration: Arbitration involves both parties agreeing to an arbiter rather than a randomly appointed judge. This allows for privacy as you don't need to appear in Court but is expensive and essentially limited to high-wealth couples, especially those in the public eye.

For advice on which process works best for you, speak to one of our solicitors today.

How Does the Court Distribute Property?

The first thing to note is that as far as the Court is concerned, only marital property is considered for distribution. These are assets acquired by either party to a marriage in anticipation of the marriage or during the marriage before separation, excluding inheritance or gifts. Homes bought in anticipation of a marriage can also be included. Anything else is excluded from what is to be divided.

For many people, a car is one of their most valuable assets. You can read more about what may happen to your car in the case of a divorce in our article here.

Where the Court does have to intervene to distribute marital property, they will do so according to five fundamental principles found in the Family Law (Scotland) Act 1985. These principles are intended to ensure finances are distributed consistently regardless of who is involved or in what Court it takes place. 

They outline the fact that Courts assume that, as a starting point, a 50/50 split is fair. The other principles then outline any special factors the Court might consider to justify an uneven split.

They take into account that one party may have been financially reliant on another party throughout the marriage, as well as various expenses associated with childcare.

However, while the same principles are applied, which the Court finds relevant and what effect they have will depend on the specifics of your case. For tailored and reliable advice get in contact with Kee Solicitors today.

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Kee Solicitors

  • Suite 5, Buchanan Business Centre,
    Cumbernauld Rd, Stepps,
    Glasgow, G33 6HZ

Tel: 0141 478 9090