Following the Scottish vote to remain part of the United Kingdom, Ayesha Vardag explained the differences which remain between English and Scottish divorce law. She remarked that “when it comes to divorce the highlands can be a far frostier climate than balmy England.”
Ayesha highlighted the procedural differences between the two countries, for example the lack of a formal disclosure process under Scottish law, as well as the likely differences in outcome. In Scotland, for example, “any post-divorce maintenance is limited to three years, unlike in England where it depends to a large extent on the age and needs of the children.”
Ayesha also explained the relative ease with which wealthier parties can get their case heard in Scotland, saying “Family law is littered, therefore, with stories of millionaires making the most of the Scottish jurisdiction to avoid paying their wives what would be seen in England as their fair share. The wife of one England-based multi-millionaire went up to Scotland to be near her family when the marriage began to deteriorate; and the subsequent divorce took place north of the border.”
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