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.
Vardags Limited (trading as Vardags) is a company registered in England and Wales (Company No. 7199468), with its registered office at 10 Old Bailey, London, EC4M 7NG. Vardags is authorised and regulated by the Solicitors Regulation Authority (SRA Number 535955). The term “director” is used to refer to a director of Vardags Limited or an employee or consultant of Vardags Limited with equivalent standing. A list of the names of the directors of Vardags Limited together with a list of those who are designated as directors is open to inspection at the above address. VAT number: 99 001 7230.