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Jones Whyte Law Blog & News

The latest legal news, blogs and announcements from Jones Whyte Law.
Cameron Shaw

When is fair sharing, not fair?


In Scotland, the financial implications and consequences of divorce are set out in the Family Law (Scotland) Act 1985. This Act sets out how you can divide matrimonial property on divorce and includes certain  principles and  special circumstances on how to divide matrimonial property.  

Jones Whyte Law

Council Tax Bands and How These are Determined

Council Tax is a levy paid to your local authority based on the value of your property at a specific point in time. In Scotland, Council Tax rate bands are based on the property’s estimated value as at 1 April 1991 with the date of estimation being April 1993.

Danielle Stevenson

Separation – Do I Need To Pay My Spouse a Monthly Allowance ?


When a couple in a marriage or civil partnership decide to separate, there are many things to consider and to resolve, particularly in relation to finances. One issue that can arise, which parties are not always aware of, is that of aliment and periodical allowance.

Jones Whyte Law

What is the Difference Between “Residential Property” and “Non-Residential Property”, and Why Does it Matter?


Is this residential property?” is not something often asked during the course of a prospective purchase as in the vast majority of circumstances the answer to that question is obvious. However, recent case law has emerged to demonstrate that the distinction between residential and non-residential property is both significant, and not always clear. This article will highlight why this distinction is so important, explain how residential and non-residential property are defined, before considering areas of uncertainty surrounding this distinction.

Alison Nicol

Pensions On Divorce In Scotland


When a married couple decide that they will separate, the finances of the marriage will need to be divided. The law of Divorce in Scotland contains certain principals. The first principal is that there will be a fair sharing of the matrimonial property. The matrimonial property is everything that has been acquired by the parties in either parties’ sole name or in joint names between the date the couple married and the date they separated. Such assets will often include the family home, bank accounts, cars and pensions.

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