Fri 08 Dec 2017
Should I stay or should I go? A short guide to expat divorce
Should I stay or should I go? A short guide to expat divorce.
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Jurisdiction in Divorce: Practical Considerations for Cross Border Cases
Some separating couples can choose to divorce in Scotland or in England and Wales. That choice matters, as each system handles no fault divorce, funding and financial settlements differently. England and Wales offers no fault divorce and court‑ordered legal funding; Scotland does not, and values assets at separation. MFMac advises on both systems to help clients and their solicitors decide the jurisdiction that best protects their interests.
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"I don't need to get married, I'm in a common law marriage"
It is becoming more common for couples to live together without marrying. People often refer to themselves as being in a "common law marriage" when they are in a committed relationship with a partner and live together. However, "common law marriage" is not a concept recognised under Scots law. Simply referring to your partner as your spouse will not make you married in the eyes of the law.