Is your overseas divorce valid in Scotland?

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

Scotland has a distinct set of rules for divorce. However, the law on recognising foreign divorces applies throughout the UK and is contained within  the Family Law Act 1986. It provides that an overseas divorce will be recognised in the UK in certain circumstances. The legislation distinguishes between divorces granted abroad by a court and those granted without any court proceedings.

Overseas divorces granted through court proceedings

If your divorce proceedings were valid under the law of the country where the divorce was obtained and, at the commencement of the foreign proceedings one of the spouses either 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 the proceedings in that country, there would require to be some clarification from the country in which you were “divorced”.  That would most likely involve a Scottish lawyer liaising with a specialist family lawyer abroad.

Overseas divorces without court proceedings

If your divorce was not granted by a court, then in order to be recognised in Scotland the following must apply:

• the divorce must be valid under the law of the country where it was obtained;
• each spouse must have been domiciled in the country where the divorce was obtained; or one spouse must be domiciled there and the other party domiciled in a country where the divorce is recognised as valid; and
• neither party should have been habitually resident in the UK for one year prior to the divorce being obtained.

BTO’s Family Law Team is able to help you with all types of enquiries relating to international divorce and separation. Please do not hesitate to contact us.