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Divide and conquer

Forget divorce tourism – what about the impact of a divorce staycation? Scott Cochrane and Alex Carruthers consider the Hadrian's Wall effect on splits north and south of the border

28 March 2011

A second home is a fact of life for many British people these days – a family bolt hole or holiday getaway in France or Spain, or Croatia perhaps.

Some still prefer a second home closer to the first one; a holiday cottage, or, for those who can afford it, a castle in Scotland has long been popular. Yet, sadly, the second home can also become an asset to argue over in the event of a divorce or separation. And, more importantly, there can be some unforeseen consequences of having that second home in another jurisdiction.

People largely associate forum shopping in divorces with crossing foreign borders, rather than moving within the British Isles. The reality, however, is that the Scottish laws regulating financial provision upon divorce are very different from those in England. In many cases this difference has little impact on the eventual outcome, whether it is in England or Scotland. However, in five to ten per cent of cases the financial outcomes on divorce will be...

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