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What’s the difference between divorcing in England and Scotland?

Scotland and England have different legal systems, and treat the division of finances on divorce very differently.

In dividing capital, the net value of matrimonial property will be divided equally between the parties. Capital assets owned before the marriage will not form part of the pot to be divided. In addition, the payment of spousal maintenance is limited to the three years following divorce and will be quantified at a level which moves the spouse towards independent living.

It is likely, therefore, that whether a divorce proceeds in England or Scotland will make a significant difference to the outcome of the finances in a case.

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.