i am in Dunfermline in Scotland have been separated from my wife for over 18 months now as we separated on the 6th of November 2010, she had moved out of the army married quarter by the end of November and had a new partner by new year. I was informed in the following march i was able to apply for redundancy and subsequently did and was released from the army on the 29th of February this year with a 62 thousand pound pay out. i have used my pay out to clear all debts and purchase a car as well as a motorbike it is also used to support my daily life right now as i am not currently in work.my question is how quickly could i get divorced from my estranged wife and if at all how much would she be entitled to from my redundancy.
System of Law: Scots
already sighned documents for a divorce with my wife who led me on a merry dance for eight months and never did anything so i am now taking control and getting the divorce sorted as she did nothing
Thank you for your question.You can apply for a divorce without requiring the consent of your wife when you have been separated for two years, so November of this year. If you have children under 16 you will have to use the ordinary sheriff court procedure and consult a solicitor. If you don't have children under 16 you can use the simplified procedure or "quickie" divorce which just involves filling in a form and lodging it with the court with the court fee and your marriage certificateYour wife is not entitled to any of your redundancy payment. There is a case in 1990 called Tyrrel v Tyrrel which is the authority for this.Please let me know if you require any further information.I hope this helps. Please leave a positive response so that I am credited for my time.
27 years as a practising solicitor.
PS. In Tyrrel, Lord Sutherland held that a redundancy payment was not matrimonial property, because it was a payment for loss of employment, it had not been contributed to by the employee and it was not in the parties' contemplation at the separation date. That is relevant to your own narration of your circumstances.
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