Unfortunately, many people fail to realise the significance of this date, and the financial impact it can have on them as individuals.
In Scotland, the ‘date of separation’ (or ‘relevant date’) is defined in the Family Law (Scotland) Act 1985 as the earlier of —
The date upon which the couple ceased to live together as husband and wife
The date when court papers are served on one of the parties, if they are still living together
For some, this may be clear-cut as one party might move out of the former matrimonial home, but for others it may not be so obvious.
Romeo and Juliet
So what happens if there is a dispute about the date you actually separated, and what could the potential impact be?
Let’s consider an example.
Romeo and Juliet have been married for 15 years, but unfortunately are arguing more than ever before.
On 15 June, Romeo decides he has had enough and moves into the spare bedroom.
Juliet decides this is the end of their marriage, and goes to see her solicitor two days later.
Conversely, Romeo thought this was just another fight and things would blow over in a few days.
On 24 June, Juliet is watching the lottery draw on television and sees all of her numbers come in and realises she has just won £10million. Her husband is ecstatic and immediately takes to the internet with grand plans on how to spend the winnings.
On 25 June, Romeo receives a letter from Juliet’s solicitor informing him that Juliet believes the marriage to be over and that they separated on 15 June. Immediately he seeks legal advice.
The date of separation is usually the date upon which a ‘snapshot’ of the assets and liabilities of the marriage are accounted for.
Any assets or liabilities acquired after this time are not included in any overall financial settlement.
With our example, we can immediately see Romeo may have no entitlement to the lottery millions, if the date of separation is 15 June.
If, however, the date of separation is 25 June, the winnings would be seen to be acquired during the course of their marriage and would then be part of the overall ‘pot’ to be divided between husband and wife at separation.
There can be weeks or months, and in a few cases, years of a difference between either party’s view of the date of separation, but that lack of clarity could end up costing you a considerable sum, so it’s always helpful to obtain the right legal advice as soon as you can.
