divorce uk

Divorce Laws in the UK

In Europe, you would find that the judicial system varies from country to country. In the UK, for instance, the ‘English law’ applies, while North Ireland has its own legal system that is mostly identical to English family laws with minor changes, if any.

Then you have Scotland’s legal system, which firstly is in a wholly separate jurisdiction and has a different court-structure. The only similarity would be that both share a magnificent Supreme Court, situated in Parliament Square. The laws themselves are quite contrasting. 

Scotland’s laws don’t offer the same provisions that the UK does to couples. In fact, as per the sound cohabitation law, couples don’t get the same rights as married couples. There is, however, scope for dispute resolution even for cohabiting couples.

Even when it comes to married couples, the divorce proceedings, financial settlements and general laws governing divorce are markedly different when compared to that of England’s. Scotland is a bit more conservative when it comes to divorce laws, and the two systems are so different that where the ruling is in favor of the husband in one system, in the same situation, the ruling would perhaps be in favor of the wife in any other system. Lets take the case of a non-working woman married to a wealthy man. This woman has got a sizable inheritance over the course of their marriage.

If a divorce is to occur, then the woman would be at a huge financial disadvantage after the ruling in Scotland, where the ruling will be in favor of the husband. On the other hand, England’s laws provide the woman a monetary settlement that covers her basic needs so that she can meet her needs in full without much effort. By contrast, Scotland merely offers half of their shared assets and three years’ maintenance. The assets her husband owned prior to marriage are out of the scope of Scotland’s divorce laws. 

Now in the instance where there is a dispute between Scotland and the UK, where each party wishes to conduct the proceedings in a different jurisdiction, then the divorce proceedings will be held in the country where the parties had their most recent matrimonial home.

England and Wales are considered to be in the same jurisdiction, so if the matrimonial home is in England or Wales, but the wealthier party chose to hold the proceedings in Scotland, then the decision of Scotland’s court could be contested and the petition would be stayed.

Scotland’s laws require strict time-limits regarding the divorce-petition application or agreement between parties, whereas the UK  is more liberal when it comes to this. England requires financial disclosure before any kind of financial settlement, whereas Scotland does not require it.

Scotland and England are quite different when it comes to their laws, so choosing to hold your divorce proceedings in either jurisdiction could have an effect on the final ruling, so you should consult your family lawyer as soon as possible regarding the same.

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Different Types of Solicitors for Different Needs.

In the average week, you may come across several situations where legal advice may be needed. For example, purchasing a property can be quite simple but requires a solicitor to facilitate the transaction.

Another example is if you receive a penalty for a traffic violation, but feel that the violation was incorrect, consulting with someone with the necessary legal background may be the best course of action. Property suits also require a solicitor to ensure everything goes smoothly.

High Street Solicitors

In the scenario where you realize you need legal advice, your initial response may be to consult with a high street solicitor. They are ‘general’ solicitors because they handle consultations related to a wide range of legal areas. In the event that they cannot help you, they will recommend a specialist.

Property Solicitors

When it comes to property, a property or conveyancing solicitor is the person to go to. If you plan to place an offer on a house, the property solicitor will ensure that the entire transaction is performed in a legal manner. In some cases, the transaction can go by faster and more easily.

Divorce Solicitors

It is any couples’ fantasy that their marriage will last forever, however it may not be the case for everyone. In the event of a divorce, a divorce solicitor is needed and must be contacted as soon as possible. This solicitor will ensure that you receive your fair share, which means equal division of property ownership, and a fair settlement.

Injury Solicitors

In the event that you are injured due to someone else’s negligence, in some cases, you are entitled to compensation. An injury solicitor will talk you through what you can do, the needs and wants, and most importantly file a suit against the responsible party or person.

Tax Solicitors

If you’re a business owner, you will be familiar with a tax solicitor. They play one crucial role, and that is to handle your taxes and any related questions. Their knowledge on the UK tax system is comprehensive. If you’re looking to be in good hands when it comes to Inland Revenue, a tax solicitor is the go to person.

Commercial Solicitors

Commercial solicitors are also related to businesses, these individuals handle business disputes, contract arrangements, as well as other types of business-related legal issues. If you have just started your own business, and are not sure of the legal side, a commercial solicitor will be of tremendous help. They offer services such as writing contracts, handling business disputes, and others.

Employment Solicitors

Employment solicitors are there to assist employees and employers with any disputes, an example is unfair dismissals from a workplace.