Scottish or English law

We lived together for a number of years before getting married in Las Vegas.

We were living in England before our separation and I am now living back home in Scotlad. We are both Scottish.

Can I get financial settlement decided through Scottish courts?

When you are Scottish you are domiciled in Scotland, you have lived here for 40 days and divorce proceedings haven''t started elsewhere you are eligible to settle the finances and divorce in Scotland.

Is this really the case - our marital home is in England? I left the marital home on 12th May and moved into property in Scotlad. I have been advised that English law is appropriate as that is where we lived at point of separation

You , or your wife, could perhaps be able to start proceedings in either.

And yes, the choice of jurisdiction can have a bearing on the final outcome.

LMM

To answer your Q about gaining settlement via the Scottish courts - very few financial settlements are decided in Court, most divorcing couples come to an agreement over the share of the assets/liabilities (which doesn''t tend to deviate much from a 50/50 share).

I think the advice you have received to settle where you were living at the point of separation is based on international conventions which don''t apply between England and Scotland.

Having said that it may be less complicated and therefore cheaper to divorce in England where the property is held to avoid difficulties enforcing an order made in Scotland which could involve using more than one solicitor. That of course has to be balanced against other factors.

To compare possible outcomes between Scotland and England you really need to consult a lawyer who has knowledge and experience from working in both jurisdictions. Generally people think men are better off divorcing in Scotland but it depends on the particular circumstances and this isn''t always the case. Often there isn''t much difference.

It''s possible to search the internet to find Scottish legal firms practising family law on both sides of the border. There are also a few family solicitors in the north of England who are familiar with the Scottish system.

My experience of the two systems?

It''s difficult to do things yourself in Scotland - you really do have to use a solicitor. That''s more expensive. They do have a cheaper, easier simplified divorce - but as the financial arrangements need to be sorted prior to divorce, I do wonder how many people manage to use that easier method.

In England, you can self-rep more easily. The easiest divorce is more expensive. The finances can be handled as a separate court case. For some that may not be good(if you need to ensure maintenance), for others it may be better (because at least you can get divorced).

Okay, so that''s simplified, and a very personal opinion based on having three years in the Scottish system and now trying to use the English system.

I think I''m basically saying that there are pro''s and con''s to both systems.