High value capital and aliment claims, intra-UK jurisdictional issue

A client was served with an English divorce action, his wife having relocated back to England shortly after the separation. He had been the main breadwinner,  and his wife included various capital and alimentary claims worth over £1,000,000.  On receiving instructions our experienced team of family lawyers advised our client to take swift action to raise urgent divorce proceedings in Scotland. Because the couple had last lived in Scotland during the marriage,  this resulted in the Scottish court seizing jurisdiction.

The English proceedings had to be halted pending the outcome of the Scottish case.  Because of the clean-break approach of the law in Scotland and different principles applied to the division of matrimonial assets on divorce,  the client reduced his exposure to his wife’s alimentary claims significantly. By taking swift action we ensured that our client’s position was dealt with in the best legal forum to ensure his interests were protected.