While the two legal systems are very different in terms of family law, the court’s decision this week in Villiers v Villiers [2020] UKSC 30 will be of interest to lawyers in both jurisdictions
The appeal centred on whether, when divorce proceedings are taking place in Scotland, a court in England can make a maintenance order in favour of the wife. The wife, who lives in England, applied to an English court for an order requiring her husband to make maintenance payments. The husband appealed, arguing forum non conveniens.
The Supreme Court considered, among other matters, whether divorce proceedings and maintenance proceedings are ‘related actions’ for the purposes of Article 13 of the Maintenance Regulation 2011. It held, by a majority, in favour of the wife.
Family lawyer Alex Carruthers, partner at Hughes Fowler Carruthers, said: ‘Although close geographically, Scotland and England are worlds apart in their treatment of parties on divorce. This case opens up the possibility of exploiting that gap even more in the future.’
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