Will your overseas divorce be recognised in Scotland?

People who have been divorced outside the UK often ask us if their overseas divorce will be recognised in Scotland and whether they need to take additional steps in Scotland to ensure their divorce is valid here.

This question often comes up when someone is looking to remarry or enter a civil partnership in Scotland but has been divorced abroad.  

Scotland has a distinct set of rules for divorce. However, the law on recognising foreign divorces applies throughout the UK. 

Different rules apply to divorces granted abroad by a court (through proceedings) and those granted without court proceedings.

Overseas divorces granted through court proceedings

In simple terms, if your divorce followed the legal process in the country where it was obtained and one of you lived, was domiciled, or was a national of that country, Scotland will recognise your divorce without any further steps.

If there's any uncertainty regarding the validity of your proceedings in that country, we have connections with legal firms worldwide that can provide expert advice.

Overseas divorces without court proceedings 

If your divorce was not granted by a court, it will be recognised in Scotland if certain conditions are met. For non-court divorces to be recognised, the divorce must be valid in the local jurisdiction, each spouse must have been domiciled there, or one spouse domiciled there and the other in a country that accepts the divorce.

Additionally, neither spouse can have been habitually resident in the UK for the year prior to the divorce.

Questions about the validity of overseas divorces and arrangements for remarriage can cause a lot of stress, especially at the time of remarrying or entering a civil partnership. Our experienced divorce lawyers are here to provide you with the advice and reassurance you need. We also have a wide international network to consult, if necessary.

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