Marital property in Scotland/Schottisches Güterrecht

Michael Herman in the Times reports that the Scottish postal worker who won £34 m in the Euro-Lottery is giving some to her husband, from whom she is separated prior to divorce. Under Scottish law, the date of separation marks the division of marital property, whereas under English law, it is the date of divorce.

Scott Cochrane, a family law partner at Brodies, said: “Scottish law takes the concept of a clean break on separation very seriously. Even if the Cunninghams did not formally divide their assets on separation, if they now decided to divorce the courts will use the time they separated as the key point and ignore what has happened since. “The fact that Mr Cunningham, according to reports, has not lived with his wife for several years is a slam dunk: he would have no hope.”

(Whether you believe her maiden name is Kelly or Cunningham depends on what paper you read)