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David Hodson on International Family Law: Scottish families and family law

Date:15 SEP 2014
Third slide
Family lawyer
What if Scotland decides on 18th September to vote for independence? No one will decide on family law reasons. But what might be some family law implications for the Union and for Anglo Scottish families of which there are very many?

England (and Wales) and Scotland have a curious family law inter-relationship. They are in certain respects already totally different and separate jurisdictions with very different legal traditions laws and practices. Scotland has many French influences through historic reasons. Financial provision law and procedure the grounds for divorce and provision for cohabitants are very different. Scotland has very restricted term maintenance orders a quasi-community of property regime binding marital agreements and no-fault divorce. Children law is fairly similar.

As part of the UK England and Scotland are together as one Member State for the EU. They are one combined signatory of the various Hague Conventions. Despite the political rhetoric it is to be presumed that an independent Scotland would become (although certainly not immediately) a...

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