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Gibson Kerr

Personal, Family Law & Property

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

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  • Family Law
    • Relationship Breakdown
      • Grounds for Divorce
      • Divorce in Scotland
      • International Divorce
      • Dissolution of Civil Partnerships in Scotland
      • Asset Division in Separation and Divorce
      • Separation Agreements
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Home » Family Law » Relationship Breakdown » Asset Division in Separation and Divorce

Asset Division in Separation and Divorce

One of the most important – and often most complex – aspects of any separation or divorce is the fair division of financial assets. At Gibson Kerr, we help individuals across Scotland reach clear, practical agreements about how property, money, and other assets should be divided after a relationship breakdown. Our aim is to protect your financial future while minimising conflict wherever possible.

How are Assets Divided in Scotland?

In Scotland, the division of assets on divorce or dissolution of a civil partnership is governed by the principle of fair sharing. This does not always mean an exact 50/50 split, but the starting point is often equal division of matrimonial property – the assets and debts acquired by the couple during the marriage or civil partnership.

The law defines matrimonial property as:

  • Assets acquired by either or both spouses between the date of marriage and the date of separation
  • The family home and its contents (if acquired during the marriage, and in some circumstance before the marriage)
  • Pensions and savings built up during the marriage

Any property owned before the marriage or acquired by gift or inheritance is generally excluded from division.

What is Considered in Asset Division?

Each case is different, and the court – or your solicitor during negotiation – will consider various factors when deciding what constitutes a fair division, including:

  • The financial and non-financial contributions of each party
  • The value of assets at the date of separation
  • The needs of any children of the relationship
  • Whether one party has suffered economic disadvantage as a result of the separation
  • The earning capacity and future needs of each party

We work with you to understand your full financial picture, including jointly and solely held property, pensions, business interests, investments, and debts.

Reaching Agreement

Where possible, we encourage negotiated settlements to avoid the time, cost, and emotional strain of going to court. We can assist with:

  • Valuing and disclosing assets
  • Negotiating division of property and liabilities
  • Drafting legally binding minute of agreement (a formal contract setting out the financial settlement)
  • Considering pension sharing and complex financial arrangements

If agreement cannot be reached, we can represent you in court to ensure a fair and lawful resolution is obtained.

A Trauma Informed and Sensible Approach

We understand that financial matters during a separation can be a source of significant stress. Our trauma informed legal approach means we take time to explain your rights, provide realistic expectations, and support you through each step. We always aim to reduce conflict and reach outcomes that allow you to move forward with stability and confidence.

Speak to Our Family Law Team

If you’re facing separation or divorce and need guidance on how your assets should be divided, Gibson Kerr is here to help. Whether your situation involves straightforward finances or complex business or pension arrangements, we provide expert advice tailored to your needs.

Contact us today to arrange a confidential consultation with one of our family law solicitors.

What our clients say

Following a severe heart attack and being told to prepare for critical heart surgery, I needed to attend to affairs in a very hurried manner, ensuring any assets based in Scotland were catered for in a suitable will. Lindsay Maclean dealt with my queries efficiently and with notable sensitivity. This was very helpful to me at an extremely stressful and concerning time.

Beverley Cottrell arranged to sell a plot of land to a neighbour on my behalf. I was very sceptical that the other party would engage in a productive manner, but Beverley was wholly successful in the negotiations and managed the deal carefully through to completion. It was really quite a remarkable outcome, and I was astounded that it was achieved.

I have been particularly impressed by the calm, focused manner in which conveyancing work was performed by Donald Towsey. Donald handled my few queries with clear prompt responses, and I found his communication style completely reassuring.

I found the professional, courteous, and efficient business manner of each of the three people I mention above extremely refreshing. I imagine this is not by chance and is a result of careful recruitment allied to the company culture. It is most impressive, and I wish you all the best for the future.

Mr C, Sussex , Aug 2023

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Relationship Breakdown

  • Grounds for Divorce
  • Divorce in Scotland
  • International Divorce
  • Dissolution of Civil Partnerships in Scotland
  • Asset Division in Separation and Divorce
  • Separation Agreements
  • Spousal Maintenance
  • Cohabitation Rights Scotland
  • Family Dispute Resolution
  • Trauma Informed Law

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Edinburgh 0131 202 7516
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Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

Locations

Edinburgh

Family Law, Personal Law
&
Property Law

6 Randolph Crescent
Edinburgh
EH3 7TH

t: 0131 202 7516
f: 0131 557 5215

dx: 551100 Edinburgh 7

e: edinburgh@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

More information and directions →

Glasgow

Personal Law & Family Law

1 West Regent Street
Glasgow
G2 1RW

t: 0141 404 0436

e: glasgow@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

More information and directions →

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