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Financial Provision on Divorce - High value capital and aliment claims, intra-UK jurisdictional issue

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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.

 

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Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.

If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.

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Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.

The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.

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