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The Initial Steps in a Separation.What do I need to do when I decide to separate from my Spouse?People sometimes wonder if they need to do anything to establish a legal separation; they don't. Separation is a factual matter and effectively it is when you stop living together as husband and wife. Normally the date of separation is when you physically part but it does not have to be and you could be legally separated albeit still living under the same roof. The date of separation, in Scots Law, is important because of two things: firstly, it can be the starting point for the one or two year period of separation that is required for a divorce, which is explained later. It is also important for financial reasons as any property or assets (or debts) acquired post-separation are not classed as matrimonial property and again that is referred to later. How do I get Divorced?Before you can proceed to a divorce you need to have agreed all financial matters, as after you are divorced you cannot make any financial claims. Therefore it is a front loaded procedure where you agree financial matters before divorce. If you can't agree these you risk having a defended court action and the associated costs.
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