Many people do not realise that the English and Scottish courts apply different rules to divorce and financial settlement, sometimes with very different outcomes.
You may have links to both England and Scotland and be wondering where is best for your divorce; or you may be living in Scotland but find yourself on the receiving end of divorce papers from the English court. In such a situation, you need specialist advice.
How our leading divorce lawyers in Scotland can advise you on Scottish and English divorce law
We are one of the few firms in the UK to have top-ranked family lawyers qualified in both Scottish and English divorce law, and we can therefore provide advice on both legal systems. We frequently advise clients on situations where there is a dispute around where divorce proceedings ought to be dealt with, and we regularly deal with litigation in both the English and Scottish courts. Often, it is essential to get advice quickly in such a situation, and our divorce lawyers are well-equipped to help.
Frequently asked questions for those considering UK divorce:
There is no single 'UK divorce law'. The laws across the UK are quite different, depending on whether you are divorcing in Scotland or England and Wales. The procedure and timescale for divorce is different, as are the laws about financial settlement and maintenance.
That depends - on your circumstances, finances, and a host of other matters. We have considerable experience in such situations and can explore this with you at an initial meeting.
There are detailed rules about which court can deal with a particular case. For divorce, the link is usually either where you are living or where you are 'domiciled' (a legal term with some complex rules but, in summary, where your home country is). There are also rules accounting for situations where the couple have links to both England and Scotland. Subject to various criteria being met, precedence is usually given to the place the couple were last living together within the UK. Please our team to see how this might apply to your situation.