In family law, Scotland operates as a different jurisdiction to England and Wales, with its own distinct legal system. This means that going through a divorce in Scotland can look quite different to elsewhere in the UK. For example, it is widely recognised that spousal maintenance in England and Wales can be more generous than in Scotland, where a more restrained approach is taken.
Where to divorce?
At Johnson Legal Family Law, we often support clients whose lives and relationships span different parts of the UK and beyond. Some may have married in England or overseas, but are now looking to divorce in Scotland. Others may live in Scotland but have ties to England through property or family connections. It is also quite common for separated couples to find themselves living in different parts of the UK – for example one person may live in England or Wales, while the other resides in Scotland.
In cases like these, the question of location arises: in which jurisdiction should you pursue a divorce?
Let’s start with the simple part: regardless of where you got married, you can get divorced in Scotland, provided your marriage is recognised in the UK. You’ll also need to show that either you or your spouse has been living in Scotland for at least one year before starting divorce proceedings.
This also means that if you were married in Scotland you could in theory pursue a divorce in England, or elsewhere in the world, depending on your circumstances.
Competing jurisdictions
Things can get a little more complicated when a couple separates and each spouse lives in a different part of the UK, especially if they don’t agree on where the divorce should take place. In situations like this, if there is disagreement over jurisdiction, the general rule is that the divorce will be dealt with in the part of the UK where the couple last lived together, as long as it was within the UK.
So, for example, if a couple separates while living in Scotland, it is likely that the divorce will be handled by the Scottish courts, even if one spouse moves to live elsewhere within the UK. Where the couple got married doesn’t usually matter as long as the marriage is legally recognised.
In cases like these, we always recommend that you seek advice from a family lawyer as early as possible.
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