English Divorce Advice

Key contacts

Morton Fraser Partner Lucia Clark
Lucia Clark
Lucia is a partner in our Family Law team in Edinburgh. 
0131 247 1243

Many people do not realise that the English and Scottish courts apply different rules to divorce and financial settlement, sometimes with very different outcomes.

You may have links to both England and Scotland, and be wondering where is best for your divorce. Or you may be living in Scotland but find yourself on the receiving end of divorce papers  from the English court. In such a situation, you need specialist advice.


How we can help you

Morton Fraser is one of the few firms in the UK to have top-ranked family lawyers qualified in both Scots and English law and able to provide advice on both legal systems. We frequently advise clients on situations where there is a dispute about where divorce proceedings ought to be dealt with, and deal with litigation in both the English and Scottish courts. It can be essential to get advice quickly in such a situation, and our team is well-equipped to help. 

Frequently asked questions for those considering UK divorce:

What are the divorce laws in the UK?

There is no single 'UK divorce law'. The laws within the UK are quite different, depending on whether you are divorcing in Scotland or England and Wales. The procedure and timescale for divorce is different, as well as the laws about financial settlement and maintenance. 

Where is it best for me to divorce? 

That depends - on your circumstances, finances, and a host of other matters. We have considerable experience in such situation, and can explore this with you at a first meeting.

Can I choose whether I divorce in England and Scotland? 

There are detailed rules about which court can deal with a particular case. For divorce, the link is usually either where you are living or where you are 'domiciled' (a legal term with some complex rules, but in summary, where your home country is). There are also rules dealing with situations where the couple have links to both England and Scotland. Subject to various criteria being met, precedence is usually given to the place the couple were last living together within the UK. Please just contact one of our team to see how this might apply to your situation.