How to get a UK divorce

Myth
  Myth
“Divorce law is the same in Scotland as England.”
Fact
  Fact
There are similarities but in various respects it is importantly different and advice should be obtained. For example, there is a significant difference between the two countries on how they deal with a division of assets. In English law, the Matrimonial Causes Act gives the court discretion as to how assets and income are divided and so no outcome is certain. A lot can depend on the judge you get, and different judges may give different outcomes. In Scotland, no such discretion exists and the basis of entitlement rests on rules and principles rather than discretion; for example any post-separation assets acquired by one party would be automatically retained by them which would not be the case in England. So if you have the choice to issue in either England or Scotland, it is best to seek legal advice on which would be the best option for you.

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