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Choosing the legal jurisdiction in which you separate is not something restricted to the rich and famous

Recent weeks have seen the tabloid press peppered with stories about the separation of Tom Cruise and Katie Holmes. What sets it apart from press coverage of many high profile separations is that there has been some considerable focus on the benefits of choosing the legal jurisdiction in which you separate. 
Choice of jurisdiction is not something restricted to the rich and famous. We live in an age where there is considerable movement of families across borders, particularly within Europe and throughout the English speaking world. Close links by one or other of the couple to more than one country can in certain circumstances lead to a choice of which country’s legal system deals with the couple’s separation. What many people do not realise is that these issues also apply to moves within the United Kingdom. There are certain separate legal regimes and family law rules operating in Scotland, England and Wales and Northern Ireland. Each regime has a different approach to separation.
For many, on separation, both spouses want to achieve what they perceive to be a fair settlement. Different countries have different concepts of fairness and accordingly it can frequently be sensible to obtain legal advice in all countries in which there is potential jurisdiction to establish where it would be best to deal with matters.
For further advice on Seperation Matters and Scots Law, please contact Shona Smith.

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