The following article is published in the Scottish Legal News Annual Review 2015. To read the full article click on the link below.
It is widely perceived that Scotland is where to divorce if you want to limit your ongoing financial obligation to your spouse. The Family Law (Scotland) Act 1985 assumes a “clean break” unless there are exceptional circumstances which merit ongoing financial support. Contrast this with the approach south of the border where the courts are notorious for providing their divorcees with a longer period of financial support, often with no end date. The result is that spouses in Scotland often face the rest of their lives adjusting to a significantly lower standard of living to that which they had become accustomed to throughout the marriage. This approach has often labelled the Scottish courts as tight-fisted.
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