Getting divorced under Scottish Law differs substantially in process and procedure to getting divorced under English Law.  It is not possible to explain all the differences here, and indeed they are irrelevant in most cases as most people do not find the need to experience both.

However information is often framed in terms of English Law and we are as guilty as the rest.  In practice most of the steps and solutions are similar and in respect of pensions it is only necessary to highlight the key differences.

• Only pensions accrued during marriage are included in the matrimonial assets for division.  There are specific rules defining the start and end dates of the marriage for this purpose.
• For pensions accrued both in and out of the marriage it is defined that the proportion of the pension accrued during marriage will be pro-rata to the time married.  So if a pension is accrued over 30 years, of which 20 were during the period of marriage, then 2/3rds of the total pension value should be included in the matrimonial assets.
• You cannot make an attachment order on pension income.
• A pension sharing order must be expressed in terms of the number of pounds of CETV to be shared, rather than the percentage of the CETV.

Bradshaw, Dixon and Moore support Scottish Law for all its reports.