Post by Savita Sharma
Does it really matter where we divorce in the UK?
Many people move around during their relationships whether for work or family reasons and where they married is not where they finally make their home. Most people appreciate that different countries have different Divorce laws than England. But it is important to recognise even in the UK different parts have different law relating to Divorce and financial provision. For example, if you marry in Scotland, live there for a while but eventually move to England where you separate. Or where you live partly in the England and in Scotland perhaps you have a second home. So, the question is where do you issue Divorce proceedings? The law surrounding this is complex and can have a profound impact on any discussions regarding how the family finances are resolved.
In England & Wales, Scotland and Northern Ireland, the legal framework governing the division of assets are fundamentally different. Scotland relies on a structured statutory approach, where achieving a “fair sharing” of matrimonial property starts from an assumption of an equal sharing (50:50) and while England also adopts the fair sharing principle, the financial needs of the parties and any children are considered paramount when looking at a fair settlement. This provides English judges with a broad discretion. There are also other significant differences in the types of financial orders which can be granted which can impact the long-term financial stability of a party and any children.
If you are considering divorce, seeking early advice from a specialist family lawyer is the best way to ensure you receive clear, accurate and practical guidance before taking any steps, especially if you receive any divorce papers from the court. Our matrimonial team will be able to provide advice tailored to your specific circumstances, helping you make informed decisions about the future with confidence and clarity. Please contact our specialist family lawyers on 020 7935 3522.