Lawyer Monthly Magazine - March 2020 Edition

Rhona Adams What are the main differences between Scots and English family law? There are some striking differences between Scots and English law relating to financial provision on divorce, for example, in relation to spousal maintenance, the treatment of pre-marriage assets, and the approach to pension sharing. The grounds for divorce, and the legal procedure, is also quite different. In Scotland, there is no Decree Nisi followed by Decree Absolute - it’s a one-stage process. One of the most striking procedural differences is that in Scotland, the granting of decree of divorce ends the right of one party to make financial claims against the other; Despite being neighbouring countries, differences lie between England and Scotland, especially when it comes to its laws. Speaking to Rhona Adams, we learn about these differences in family law and divorce, as well as the challenges ex-pats may face when undergoing divorce abroad. Ex-pats and Divorce: What Are the Challenges? in other words, financial remedy must be dealt with before decree is granted. In England, by contrast it is possible to divorce first and then make a claim for financial provision, potentially many years later. In some cases, the same set of facts can give rise to a hugely different outcome north and south of the Border. At Morton Fraser, we’ve developed a niche practice advising clients with a connection with more than one part of the UK about where they can competently litigate, and where their interestsmight bebest served. We’ve become familiar with the rules which determine which set of divorce proceedings has primacy in a situation where there is ongoing divorce litigation in more than one part of the UK. Contact: RHONA ADAMS Partner Email: rhona.adams@morton-fraser,com Direct dial: 0131 247 1339 www.morton-fraser.com 54 WWW.LAWYER-MONTHLY.COM | MAR 2020 An InterviewWith