Separating in Scotland; can I divorce in England?

Bit of an obscure one, this, but I'm hoping somebody might know the answer (else I'll have to pay for an English solicitor and ask!)

I separated from my partner early in 2009, we both lived in Scotland. I moved to England. Because the separation involved a house sale, I opted to retain a Scottish Solicitor.

The divorce papers were drawn up; but under Scottish law, we can't divorce until a financial settlement is reached. The house is still on the market two years later with no resolution in sight.

Question: I moved to England shortly after separation. Can I start divorce proceedings in England instead? I could then get divorced, and work out the financial stuff afterwards.

Reason: Because I'm fed up of him constantly throwing the "we're still married" argument back in my face!

ETA. There are no children involved, and the only financial item to settle is the house sale.

Doesn't matter.

I've just read through the process and I think that he'd either (a) refuse to acknowledge the English divorce papers or (b) reject them on the grounds of the process having started in Scotland. Any way at all to be obstructive ...

Thanks anyway.

Hiya

I too seperated in Scotland and moved to England and my divorce had to be done through Scottish law.

Why are you waiting until the house is sold to come to an agreement over the equity?

Its possible (and usual) to agree on a split for when the house does sell, and to have this written into the Separation Agreement.

Was the Writ served on your x2b? While a divorce application can be made, the decree will not be signed by the Sheriff until all outstanding financial (and where relevant, child related) matters are resolved.

You can still use the divorce process in Scotland, as you a) last habitually resident there together whilst married and b) your x2b still lives here.

In any case, most Judges wont sign a Decree Absolute until the Consent Order is finalised.

X2B actually served the divorce writ on me, quite a while ago.

We've both been led to believe that financial settlement cannot be reached until it can actually be settled, if you get my drift.

We have an agreement on how the monies will be divided in the event of sale, this had to be drawn up as a Minute of Agreement prior to the house going on the market (the Estate Agent insisted on it). We have also got draft documents that clarify that we have no claim on anything else of each other's (pension, cars etc).

Can we actually divorce, and reach financial settlement, prior to sale then? I will probably have to push my solicitor to force a court hearing regarding settlement after August anyway - as the house is on sale for one price now with a review due in August, and I know for definite that we won't agree on a revised sale price so we'll need court involvement then.

You can agree on the settlement, including what the split would be on the equity when the house sells, prior to the event, ie the house selling. Thats very common.

Im surprised neither sols made you aware of this.

So if you have your MOA all signed etc, then you should be able to move for the decree being granted - and therefore the divorce finalised.

My actual settlement wasnt finalised until the house sold - some 2.5 years after the MOA was signed, and some 18 months after the decree was granted.

Thanks. Will speak to my solicitor again.