I am divorcing of my 2 years Scottish husband (I am Brazilian). I used to live in Aberdeen but I moved to London a week ago. He went to work in America for 10 weeks and when he came back he said he found another woman and left our flat. I had to leave the flat because he said he was going to sell it. After I left he moved in again and said he was not going to sell it anymore. Yesterday I got a letter from a Scottish solicitor saying that he wants officially finish our marriage and offered me 4500 pounds.Our flat´s price is 120.000 pounds. He remorgage the flat last May after paying 5 years. The remorgage was 19.000. His wages are about 1600 pounds per month.I used to work partime in Aberdeen as a childcare and my wages were from 500 to 700 pounds monthly. I had to change all my life after what happened. He never gave me a support after that. I spent money moving to London with the help of my mother. His parents were very supportive too. What are my financial rights?Is it fair the amount he offered me?RegardsTaís C simoes
Province/Country relating to question : London
Thank you for your question.When were you married?When was the flat bought and in whose name is it?
I got married in 27/03/2010.
The flat was bought in 2003 and it is in his name (my husband´s name)
The money you are entitled to is half of the value of anything acquired during the course of the marriage. That will exclude the house completely as it is not a matrimonial asset.If the £4500 is reflective of a half share of property accrued during the marriage it is a realistic offer. However, you have to be satisfied that it is and the way that is usually done is to ask your husbands lawyer for a disclosure of his assets as at the date of separation. In other words there has to be a disclosure so that you can make an informed choice.In relation to maintenance, he has a duty to pay you aliment for a period. The amount and length of time will depend on your respective needs and resources, ie, not just your respectives incomes but also what your respective expenditure is.I hope that this helps. Please leave positive feedback so that I am credited for my time.
27 years as a practising solicitor.
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