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Financial Provision on Divorce – Exclusion order, “special reasons” arguments advised to depart from equal sharing of net capital

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Our client separated from her husband due to his conduct, feeling forced to leave the family home with the two children of the marriage.   Our client was effectively rendered without a home for herself and the children to live in.  All the marital assets including the high-value family home were in her husband’s sole name, he had significant business interests and a pension.  The pot of matrimonial assets was worth over 2.4 million pounds. We advised our client to take urgent action in the Sheriff Court to obtain an exclusion order and interdict, suspending her husband’s occupancy rights in the marital home and allowing her to return there with the children.

From a position of strength, our client was then able to negotiate a  financial settlement.  As she had been the main carer of the children and had given up a  potentially lucrative career, we used our expertise to argue successfully that she should be entitled to a greater than equal share of the net capital to reflect this  The house was eventually sold by agreement and our client’s child-care burden and reduced earning capacity – her   “financial disadvantage” -   was reflected in a settlement that saw her receive over 60 per cent of the global net matrimonial assets. Despite the high conflict nature of the case at the outset, our family team were able to support our client through a very stressful situation and managed to negotiate a settlement for her on the most favourable terms whilst avoiding her incurring the cost of a proof.

 

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Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.

If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.

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Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.

The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.

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