A recent case which occurred between a couple who had spent their married life in Scotland before one partner moved to England prior to divorce proceedings shows how both husbands and wives can be caught out over maintenance settlements.
This is because the financial treatment concerning what are referred to as stay-at-home wives is significantly different depending on whether a divorce takes place in England or Scotland. The definition of a stay-at-home wife is one who has given up their career to support their husband, raise any children and support the household in general.
In England a wife in many cases will be entitled to maintenance for joint lives and even to a share of her husband’s pension. Spousal maintenance can cost a husband significantly more in cases in England than in Scotland where it will only last for 3 years after which it is expected that the wife will take up a former career.
One recent case involved a husband and wife who had lived in Scotland while they were married. Prior to the divorce, the wife went to stay with family in England while the husband remained in Scotland.
The wife commenced proceedings first, which was crucial in the case falling under English rather than Scottish law. As a result, the wife was entitled to significantly more maintenance than had the case been subject to Scottish Law.
For more information on this and other issues relating to divorce in different countries, please contact a member of our team for advice.