Divorce
In Scotland, there is one ground for divorce. That is irretrievable breakdown of marriage. There are four ways to evidence the irretrievable breakdown of a marriage -
- Adultery
- Behaviour - this is behaviour which is such that it is unreasonable for one party to be expected to co-habit with the other.
- One year's separation with consent of the other spouse to divorce.
- Two years' separation without the requirement of consent.
National and International Divorce Aspects
Within the UK
Should you raise your divorce action in Scotland or England? Do you have a choice and if so which is best? English law is an entirely separate legal system from Scottish Law. There can be significant differences especially in relation to the question of financial provision and it can be hugely advantageous to seek to ensure that any divorce is dealt with in one country rather than the other if there is a possible choice between the jurisdictions. The Brodies Family Law Department have strong links with many of England's top Family lawyers and are able to obtain advice on your behalf on how you might fare in England as opposed to Scotland. If it would be more advantageous to deal with your divorce in England, we can refer you to one of our close contacts there. Conversely, we receive regular referrals from England where it might be the case that a party's divorce would be better dealt with here in Scotland.
Within the EC
European Law determines jurisdiction where it is an option for parties to litigate in two different European countries. If this applies to you it is important to take advice on raising proceedings urgently to ensure that the correct and most advantageous forum for you is secured.
Other parts of the world
What happens if you have two competing divorces - one raised in Scotland and for example one raised in America? Which action trumps the other? Where are you better litigating in your circumstances? Through our extensive contacts within the International Academy of Matrimonial Lawyers we can obtain the best advice to you as to which is the correct and most advantageous place to try to run your case.
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