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Tracing international assets in divorce cases
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Often there will be international assets to consider in divorce cases in Scotland- but how are they dealt with and how can they be traced? Firstly, lawyers need to consider which assets form part of the matrimonial 'pot' to be divided on divorce under Scots Law.
In short, all assets owned by the couple at the date on which they separated are included. This will include heritable property, bank accounts, shares, pensions and also overseas assets, such as holiday homes. Assets owned prior to the marriage (other than a property purchased for use as a family home and the furniture within that property), inheritance and gifts from a third party are not in the 'pot'.
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