Where someone can get divorced depends on whether there is a jurisdictional basis for them to do so.
In most scenarios, this comes down to where that person lives or their domicile (where they were born or where they are now most closely connected).
In Scotland, a couple living here for a year or more can ask for their divorce to be dealt with in Scotland. A couple can also have their divorce dealt with in Scotland if either of them is domicile here. That means that a couple living abroad can still ask for their divorce to be dealt with in Scotland if one of them remains domicile here.
To give an example, if a couple, one Scottish and the other English, are living and working in Dubai, they can still ask for their divorce to be dealt with in Scotland if one of them remains domicile here. Matters then come down to whether divorcing in Scotland is the right approach for their circumstances.
For some couples the answer to where they should get divorced is straightforward. In other instances, the question of where to divorce can become quite complicated. Where a couple divorce can have a significant bearing on the financial outcome for them.
In deciding where to divorce, we consider factors such as where the couple are most closely connected and where their assets are located. Whether and where a couple have entered a pre-nuptial agreement can also be a relevant factor.
It is also important to think about where assets are located – if a financial outcome is not reached by agreement, figuring out whether an award by a Court can be enforced in the country where an asset is located is a critical factor.
In our experience, most couples going through a divorce don’t want the added complication of a costly argument over where to divorce. Coming up with a sensible decision from an informed place and a clear plan on how best to approach matters is key. We help the people we look after by working closely with specialist family lawyers in other countries through our active membership of organisations such as AIJA, the American Bar Association Section of International Family Law. Jen Wilkie in our team is also a Fellow of the International Academy Family Lawyers.
If you are looking for advice on divorce proceedings, please get in touch and we would be happy to discuss your situation and how we can help.
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