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Family law favour women more in England and Wales, or Scotland?

1 reply

Anonymices · 16/03/2023 22:04

Just that really. Trying to leave abusive relationship and have the option of either location. One would be better for me/my children, but just wondering if there is any difference in the law/leaning of the family courts north and south of the border? Terrified of leaving and then having to hand over the children to him, even 50/50 I think would be very damaging. I'd be looking for EOW maybe? I'd want to be the main influence, as he uses his emotional abuse tactics on them too.

OP posts:
Alwaysgiraffe · 17/03/2023 21:27

Scotland starts from a 50/50 position, finances, children - everything. Doesn't matter who owns what - if you lived in the house together its 'the marital home' and will be split 50/50. It might, possibly, go to 60/40 but that's not the starting point. Who has the kids starts at that point too, though in a lot of cases it ends up with EoW and a night in the week, mostly because many (not all) men are shit and don't want the hassle/responsibility.

Source : My own divorce, having to pay him for a house I bought before I was married and had never had his name on the deeds, mortgage and he never paid a penny towards it. He also initially wanted 50/50 child access (and got it) but in less than 4 months it was down to one night EoW (and often not even that) or it ruined his fun going to the pub.

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