Need help to clarify scotland residency rules

Hi, My wife has moved to Scotland where she owns a flat. Can she apply for a divorce after she has been there for 1 year, uncontested, or do we both have to be living in Scotland to meet the residency rules. It all seems unclear. Also cen she go through the Shriff Court process.

Thanks

Hi Imowatt

Welcome to wiki.

Inder Scottish Law, the 12 month non-cohabitation rule states that both parties must agree to the divorce, otherwise it is 24 months non-cohab - where only one party needs to consent to divorce.

If she is living in Scotland for that length of time, then she would be entitled to divorce under Scots Law. Only one party is required to be resident in Scotland.

One other thing to note is that under Scots Law, all the finances, child arrangements, etc are sorted before applying for divorce - which you can only do after a min period of 12 months non-cohab (unless you are going for a fault-based divorce, ie, Unreasonable Behaviour, adultery - desertion is no longer applicable here in Scotland)

If both parties agree to the divorce, and you are using the "simplified" procedure, all that is required for the actual divorce is a form to be filled in and witnessed by a Justice of the Peace, it is then put to court. By this time, all other matters are sorted out and agreed upon, so should e a very simple procedure.
I have pasted a link which explains the proccess in clear detail - I hope you find it useful.

Take Care

Ruby

www.scotcourts.gov.uk/library/civil/divorce/index.asp

also this link to a section on Scottish Div Law here on wiki

www.wikivorce.com/divorce/index.php?opti...ir=1&Itemid=1828

Under the simplified procedure rules you or your wife normally would be able to apply for divorce citing one year's separation with consent once your wife has habitually lived in Scotland for at least one year immediately before making the application.

Alternatively, if she has lived here for 6 months and is domiciled in Scotland she can apply after 6 months or if you are both domiciled here either of you may apply immediately, as long as you have been separated for a year. Domiciled meaning your permanent home, not the country where you live.

Thanks for the really good information. Can I ask one more question. Do the same rules apply to a Separation Agreement. I ask becuse it seems to be more binding in Scotland if subitted to a court than if one is submitted in England.

Thanks, for your patience, you have been most helpful

Hi again

this is info from one of my previous posts -

Separation agreements - these cover the divison of assets as well as arrangements relating to the children. You appear to have discusssed between yourselves the bulk of the assets splits, but dont forget things like pensions, shares, insurance policies, etc are all counted as assets, and as such maybe claimed on.

The more you can agree between yourself and away from the sols office, the better it is for everyone (bar the solicitors!)its less expensive, and slightly more civilised. Once the SA has been agreed upon by both parties, and signed, it is then registered in the BOok of Council and Session in Edinburgh, thus making it a legal and binding document. There is only limited scope for changing the terms of a registered agreement. For example, it's possible to vary the arrangements made for the care of the children and to vary the arrangements made for the payment of maintenance for a spouse and/or children if there is a change of circumstances. Otherwise the provisions of the agreement can only be challenged if it can be shown that they were not fair and reasonable at the time they were entered into.

The main thing is to agree as much as you can between yourselves avoiding large sols bills, BUT always seek legal advice before agreeing to sign anything!

I have a SA in place, and knowing that all the assets and finances are in place, and agreed is a relief.

Hope this helps

Ruby

imowatt, a separation agreement in Scotland is different from E&W in that once registered it is legally binding and not normally subject to review. It's more like a Consent Order in E&W finalising the settlement.