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When initial divorce papers have been served in England then one party moves to Scotland, will the settlement have to be dealt with according to English Law ? Will a Scottish lawyer be able to manage a settlement or will it need to be the original English solicitor who continues 'long distance' negotiations with client in Scotland? If there is choice between English or Scottish Law, what are the significant differences that might affect settlement amounts?

HI rocklessangel

welcome to wiki

This is one for Fiona, who is a bit of an expert on Scottish Divorce Law. Ive retitled the post so that she will see it.

Take Care

Ruby

Hello

Fiona can bash me later

If you married in england and where liveing there you will divorce under english law.

Hi there

Do you mean you served English divorce papers and then your spouse moved to Scotland?

If so, the divorce can still proceed in England, and the move has no effect. Your spouse would need an English solicitor, as the law in England and that in Scotland is different.

Unless you withdraw the English proceedings, there now cannot be proceedngs in Scotland, as England now has jurisdiction for the case.

Amanda

erm section 3a of the petition says the court has regulation on the groud both petitioner and respondant were both habitually resident in england and wales, that is if you both lived there and were Uk citizens and at the time didnt state you intended to move out of the country you were both habitually residenet in england.

clear as mud

Hi rocklessangel,
No expert, but can comment on one of your questions....differences between eng n scot fam law.....a biggy is the "relevant date" where assets are valued and divided as of relevant date...this is hugely engrained in scots fam law.....many cases n experts have commented this needs addressed due to the unfairness that arises from procrastinated actions, valuations and such like....from my experience, I would have had a share of the last 8 yrs increase in house prices with eng fam law...but on the other hand stbx would have paid out more than the 20% of present day equity which is all he has to pay for joint MH....on a more positive note such decisions have been contested and overturned....i cut my losses n ran...well crawled...best of luck
Elle

Actually the jurisdiction between Scotland and England causes many headaches and is complicated by EU legislation. Recently after 8 years a Court of Appeal overturned decisions by sheriffs in Aberdeen and an English Court that the child residency case should be heard in English courts. This resulted in calls in the Scottish Parliament for the early resolution of cross border issues and clear and consistent statute. See;

divorcesurvivor-fiona.blogspot.com/2008/...of-jurisdiction.html

However, as far as divorce is concerned it doesn't matter where you married it seems the relevant statute is schedule 3 Domicile and Matrimonial Proceedings Act 1973 and primary jurisdiction within the UK is determined as in the place that parties last lived together, if either of parties was habitually resident in that jurisdiction for the year ending on date they last resided together before action begun.

To avoid any doubt though I'm not a lawyer so please don't take anything I say as an alternative to professional advice.