Phone: 01698 355525Email: ku.oc.rehgallagssen%40wahsiw 

Phone: 01698 355525Email: ku.oc.rehgallagssen%40wahsiw 

How to Defend Your Assets During Divorce


How to Defend Your Assets During Divorce 

Divorce can be a challenging and emotional process, but it’s also a time when protecting your financial future becomes crucial. At Ness Gallagher Solicitors, based in Lanarkshire, Scotland, we specialise in helping clients safeguard their assets during divorce proceedings. With expertise in Scottish divorce laws, our experienced family law team is here to guide you through every step. Contact us today for tailored advice on protecting your interests. 

Understanding Asset Division in Scottish Divorce 

In Scotland, the division of assets during divorce is governed by the Family Law (Scotland) Act 1985 as amended by the Family Law (Scotland) Act 2006. The law aims for a "fair" division of matrimonial property—assets acquired during the marriage or property used as a family home. This typically includes:

· The family home and its contents
· Pensions and savings
· Investments and business interests
· Jointly acquired property
· Sole assets acquired during the marriage

Assets owned before the marriage, inherited or gifted during the marriage, or acquired after separation are generally excluded from the matrimonial pot. However, disputes can arise over what qualifies as matrimonial property and how it should be divided. The starting point for division is often an equal 50/50 split, but courts have discretion to adjust this based on factors such as financial contributions, childcare responsibilities, and economic disadvantage to either party. 

Steps to Protect Your Assets 

Defending your assets during divorce requires careful planning and expert legal advice. Here’s how Ness Gallagher Solicitors can help:
1. Full Financial Disclosure Both parties are required to disclose all assets and liabilities at the date of separation. Our solicitors will ensure that all relevant assets are identified and valued accurately, including pensions, business interests, and overseas property.2. Distinguishing Non-Matrimonial Property We will help you demonstrate which assets fall outside the matrimonial pot—such as pre-marital property, gifts or inheritance—and ensure they are excluded from division.3. Negotiating Fair Settlements Our team will negotiate on your behalf to secure a fair settlement that reflects your contributions and future needs. We aim to resolve disputes amicably through mediation where possible but are prepared to represent you in court if necessary.4. Preventing Asset Dissipation If there is a risk of your spouse transferring or hiding assets to avoid division, we can apply for court orders to freeze those assets until the divorce is finalised. 

Why Choose Ness Gallagher Solicitors? 

With years of experience in Scottish family law, Ness Gallagher Solicitors provides practical and compassionate support during divorce proceedings. Our team understands the complexities of asset division and is committed to protecting your financial future. Whether through negotiation, mediation, or court action, we work tirelessly to achieve the best outcome for you. 

Contact our Divorce Lawyers 

If you’re concerned about protecting your assets during divorce, don’t wait—contact Ness Gallagher Solicitors today for expert legal advice tailored to your situation. Call us now or complete our online enquiry form to arrange an initial consultation with one of our experienced family lawyers.
Let us help you secure a fair settlement and protect what matters most during this challenging time.
Information contained in this website is for information purposes only. It does not constitute legal or professional advice. For legal advice tailored to your circumstances, call us now or fill out our online enquiry form to schedule a consultation with one of our family lawyers.

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95 Stewarton Street,Wishaw,Lanarkshire,ML2 8AGPhone: 01698 355525Email: ku.oc.rehgallagssen%40wahsiw

© Ness Gallagher Solicitors 2025

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95 Stewarton Street,Wishaw,Lanarkshire,ML2 8AGPhone: 01698 355525Email: ku.oc.rehgallagssen%40wahsiw

© Ness Gallagher Solicitors 2025

Privacy Policy | Terms of use

All Rights Reserved