Tutorial 5 - Financial Provision on Divorce., Study notes of Family Law

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about:blank Tutorial 5 - Financial Provision on Divorce Maria (37) and Austin (41) are separat is about to raise ioe mot affairs need to be regulated. There are 4 children of ed 2, 4, 6, and 7. Maria is promotion soon. They own date of separation) with a mort a teacher and works full ti relating tothe fla. ia hopes to obtain empl school. She is a music teacher. ‘Advise Maria, What comprises of matrimonial property? ~ Family Law Scotland Act 1995 ~$10(4) — all property belonging to the parties or either of them at the relevant date which was acquired by them or him (otherwise than by way of gift or succession from a third party) (a) before the marriage for use by ‘them as a family home or as furniture or plenishings for such home; or (©) during the marriage but before the relevant date House = matrimonial property Car = matrimonial property Savings = matrimonial property Pensions ARE matrimonial property Austin would have to get some valuation put on his pension from the date they got married and the date they separated oooa (0 Must use the cash equivalent transfer value J Even employment pensions are matrimonial property (0 S8 orders relating to pensions; 1D $8(1}(ba) pension lump sum order — capital sum paid to one party by the other when he retires or dies 113.