Scotland V England – Maintenance Claims And The Rush To Court

We have been here before

My colleague, Scott Cochrane, blogged on this issue back in November of last year. He outlined how there can be a rush to Court to make a maintenance claim following the breakdown in a marriage; and why - from a financial perspective - it can be advisable to rush to Court.

Scott's blog points out the very big differences between Scotland and England in how our 2 countries treat claims for on-going financial support between separated spouses, and the very big difference it can make in financial terms.

Update

Scott's blog followed a case going through the Courts in England - Villiers v Villiers. The case went to the Court of Appeal in England and their judgement was issued yesterday. Shortly put, the Court of Appeal upheld the original decision.

What does all this mean?

In basic terms, if a couple live in Scotland when married, and separate, if one spouse moves to England that spouse could seek "maintenance" in England once moved there. That could result in a much from favourable financial award than would result in Scotland.

A "solution"?

There are steps that can be taken in certain circumstances to remove this risk, and any specialist family and divorce lawyer will be able to advise on those steps. Again, Scott's blog deals with this.

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