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Hi there
I’m not surprised that her solicitor is being resistant, he will probably be advising her to go for the jugular. As you have a child, she could apply to remain in the family home until your child is 18, she may be considering spousal maintenance... and because of her illness, she will illicit sympathy, holidays may be considered as recuperative.
Does she want to buy you out of the property? Is that why there’s discussion of a discounted rate? To be honest, it may work out cheaper to accept a smaller percentage of the equity, as solicitors fees to fight it out, could end up costing more that what she’s asking for.
Divorce isn’t my area of knowledge, but I think it would be very wise to take the advice of a solicitor.
All the best
Hi there
I’m not surprised that her solicitor is being resistant, he will probably be advising her to go for the jugular. As you have a child, she could apply to remain in the family home until your child is 18, she may be considering spousal maintenance... and because of her illness, she will illicit sympathy, holidays may be considered as recuperative.
Does she want to buy you out of the property? Is that why there’s discussion of a discounted rate? To be honest, it may work out cheaper to accept a smaller percentage of the equity, as solicitors fees to fight it out, could end up costing more that what she’s asking for.
Divorce isn’t my area of knowledge, but I think it would be very wise to take the advice of a solicitor.
All the best
You're starting to get me worried.. now.. I should have mentioned that this is in Scotland (if that makes any difference) - I've also appointed a solicitor - I did this the next day after finding out (as it was at the weekend) and she also has a solicitor...
I've never heard of anyone applying to stay in the family home until my son is 18??? or spousal maintenance? - we co-parent 50/50 - so from what I understand, she won't even be entitled to any child maintenance.. and how can spousal maintenance even be awarded when she had an affair and it was her behaviour the caused the breakdown of the marriage?..
think i probably need to do some more reading up on the subject.... 🙁 - the whole ethos of divorce law in Scotland centres around the 'clean break' principle from what I understand...??? - could really do with someone confirming with more knowledge though...
I think there are differences between family law in Scotland, including divorce.
You can get a DIY divorce in Scotland now, here’s some info about that.
I didn’t mean to worry you, divorce isn’t my area of knowledge, even more so Scottish law, but we have had members in England that have had the problems I mentioned, I would check with your solicitor though and get some proper advice.
You could also check out a good website called Wikivorce, I’m pretty sure their info pages cover Scottish law.
All the best
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