England or Scotland: Where should I divorce? ============================================ In today's world, cross border relationships and marriages are more common than ever. In our work, we see many separating couples that have a foreign aspect to their divorce. This may include working or living abroad, owning assets in different countries, or even holding multiple citizenships. In HNW and UHNW divorce cases, it is essential that financial settlement proceedings occur in the [jurisdiction](https://vardags.com/law-guide/claiming-jurisdiction) that most benefits your position. For financially weaker spouses, this jurisdiction is often England and Wales. England vs Scotland divorce laws -------------------------------- Scotland and England have different legal systems and treat the division of finances on divorce very differently. In a Scottish divorce, 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, which is unlike [spousal maintenance in England.](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/the-different-types-of-spousal-maintenance-orders) In contrast, the English court has an almost unfettered freedom to redistribute the assets of the parties as it sees fit and fair, regardless of the source or ownership of the [assets](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/assets-income-liabilities-on-divorce), and therefore these assets may be accessed to meet the needs of the spouses. **If you have a connection with a different jurisdiction, whether it is Scotland or elsewhere, you should first establish whether you can get divorced in those jurisdictions and, if so, what the financial outcome may be compared to England and Wales. This information should be obtained without delay so that you preserve the option to issue proceedings in a country that is most favourable to you. Contact Vardags for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") This is because courts in England and Wales typically aim for equitable division of assets, considering factors such as each spouse's financial contribution, [needs](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/the-needs-principle) and future earning potential as well as non-financial contributions. In comparison to other jurisdictions, the English courts emphasise equality in financial settlements and start from 50/50, treating the same the breadwinner and homemaker of the marriage. For these reasons, the media often reports London as the 'divorce capital of the world'. 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. Vardags' team of top divorce lawyers serving clients in[ England](https://vardags.com/uk-locations-we-serve) and [Scotland](https://vardags.com/team/specialist-divorce-lawyers/scotland-desk) delivers a bespoke legal service to [HNW and UHNW individuals](https://vardags.com/law-guide/the-ultimate-guide-to-high-net-worth-and-ultra-high-net-worth-divorces), their families and businesses. About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) OUR FOREIGN DESKS ----------------- Our foreign desks are comprised of top multi-lingual lawyers, with a network of international contacts. [Australia Desk](https://vardags.com/international/australia "Australia Desk") [Bahrain Desk](https://vardags.com/international/bahrain "Bahrain Desk") [BVI Desk](https://vardags.com/international/bvi "BVI Desk") [Belgium Desk](https://vardags.com/international/belgium "Belgium Desk") [Bermuda Desk](https://vardags.com/international/bermuda "Bermuda Desk") [Canada Desk](https://vardags.com/international/canada "Canada Desk") [Cayman Islands Desk](https://vardags.com/international/cayman-islands "Cayman Islands Desk") [China Desk](https://vardags.com/international/china "China Desk") [Dubai (UAE) Desk](https://vardags.com/international/dubai "Dubai (UAE) Desk") [France Desk](https://vardags.com/international/france "France Desk") [Germany Desk](https://vardags.com/international/germany "Germany Desk") [Gibraltar Desk](https://vardags.com/international/gibraltar "Gibraltar Desk") [Greece Desk](https://vardags.com/international/greece "Greece Desk") [Guernsey Desk](https://vardags.com/international/guernsey "Guernsey Desk") [Hong Kong Desk](https://vardags.com/international/hong-kong "Hong Kong Desk") [India Desk](https://vardags.com/international/india "India Desk") [Italy Desk](https://vardags.com/international/italy "Italy Desk") [Jersey Desk](https://vardags.com/international/jersey "Jersey Desk") [Kuwait Desk](https://vardags.com/international/kuwait "Kuwait Desk") [Republic of Ireland Desk](https://vardags.com/international/republic-of-ireland "Republic of Ireland Desk") [Liechtenstein Desk](https://vardags.com/international/liechtenstein "Liechtenstein Desk") [Luxembourg Desk](https://vardags.com/international/luxembourg "Luxembourg Desk") [Malaysia Desk](https://vardags.com/international/malaysia "Malaysia Desk") [Malta Desk](https://vardags.com/international/malta "Malta Desk") [Mauritius Desk](https://vardags.com/international/mauritius "Mauritius Desk") [Monaco Desk](https://vardags.com/international/monaco "Monaco Desk") [Netherlands Desk](https://vardags.com/international/netherlands "Netherlands Desk") [New Zealand Desk](https://vardags.com/international/new-zealand "New Zealand Desk") [Oman Desk](https://vardags.com/international/oman "Oman Desk") [Russia Desk](https://vardags.com/international/russia "Russia Desk") [United States of America Desk](https://vardags.com/international/united-states-america "United States of America Desk") [Portugal Desk](https://vardags.com/international/portugal "Portugal Desk") [Poland Desk](https://vardags.com/international/poland "Poland Desk") [Qatar Desk](https://vardags.com/international/qatar "Qatar Desk") [Saudi Arabia Desk](https://vardags.com/international/saudi-arabia "Saudi Arabia Desk") [Scotland Desk](https://vardags.com/international/scotland "Scotland Desk") [Singapore Desk](https://vardags.com/international/singapore "Singapore Desk") [South Africa Desk](https://vardags.com/international/south-africa "South Africa Desk") [Spain Desk](https://vardags.com/international/spain "Spain Desk") [Switzerland Desk](https://vardags.com/international/switzerland "Switzerland Desk") Glossary Reference ------------------ ### Matrimonial property Matrimonial property refers to assets and income which are created or earned during the course of the marriage. ### Spousal maintenance Payments made by the higher earning spouse to their ex-partner, after the breakdown of their marriage. 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. What our clients say -------------------- I would, without hesitation, recommend Vardags if you want a highly professional and compassionate legal team to get you to the outcome you desire. J Rourke Throughout my time using Vardags I felt that I have always been in the best possible hands. I enjoyed an excellent level of service and received accurate and precise legal advice. The lawyers are hugely talented, sensitive and... focused on getting the very best results. Their no-nonsense and direct approach is most valuable when time and costs are of the essence. I highly recommend them over and above any other law firm I have ever dealt with. Thank you Vardags. Valerie Getting any kind of family problem is really when you are at your most vulnerable variables and their whole team were incredibly supportive, kind, attentive and caring throughout the entire experience. The whole team were... incredibly supportive, kind, attentive, and caring throughout the entire experience. Geeta Sidhu-Robb Immediate advice was gratefully received. No hesitation in recommending Vardags. Stewart Little Simply the best. They helped me through a very challenging divorce and with their support I managed to turn what appeared to be a hopeless lost cause into an outcome that allowed me to remain emotionally and financially intact. I... felt supported by a dedicated and skilled team, fighting on my side to protect my interests. Heinz-Peter Stohl A responsive and helpful service; quick to understand and advise on the issues. Ian Smith OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)