I have been asked a number of times whether it is possible to divorce in Scotland, having been married abroad.
Take for instance this real life question: –
I got married in Newfoundland, Canada and have been legally seperated from my husband since 1999. I now live in Scotland! Can I get a divorce here without having to contact him? I don’t want money and our child is 22! Can you do the paperwork and if so at what cost? I don’t know where he lives anymore!
The answer depends upon whether you now live in Scotland, how long you have lived here and, sometimes, whether you intend to remain in Scotland for the rest of your life.
So, if you have lived here, permanently, for one year or you have lived here for 6 months and intend to remain here for the rest of your life, you can raise your action here.
This last question is a question of “domicile”.
The issue of the whereabouts of the husband not being known is dealt with by the courts and it is to be hoped that he should find out.
It is perfectly possible for the questioner to raise the action herself but for those who do not want to do that, I offer a fixed price service (including court fees) for £495 including VAT at http://www.myscottishdivorce.co.uk/nochildrenunder16.php
The only caveat is that if the husband does find out and wants to defend it (he may want some money even if she does not), no divorce can be granted until that issue is dealt with so, sadly, my fixed-price offer ends at that point! Of course, the “legal separation” to which she refers may cover that point.
Bruce de Wert
