International Divorce Law in Scotland
If you got married in Scotland, you might think that your separation and divorce will be dealt with under Scottish family law. Things are not always so straightforward, even if you think that a link to an overseas jurisdiction is only tenuous.
You should not assume that because you live in or got married in Scotland, only the Scottish court will have the power to make decisions about your marriage, your divorce financial settlement, or the custody and contact arrangements for your children. If there is any possibility of another country having jurisdiction to make decisions about your family’s future, it is best to take urgent legal advice from international divorce solicitors on your options and strategy.
Taking early legal advice keeps your options open. For example, you may be advised to start proceedings in Scotland to reduce the risk of an application being issued in another country. Alternatively, it may be in your interests to start proceedings in the country where you are habitually resident. Our international divorce lawyers will work with you to assess jurisdiction alternatives and protect your interests.
International Divorce Considerations
International divorce is not just about whether you or your spouse can start divorce proceedings in Scotland or another country. International family law also affects the arrangements for your children and the divorce financial settlement.
International Children Law
Our specialist international divorce lawyers can help you with:
- Child parenting arrangements after separation or divorce, including residence and contact arrangements and mirror orders.
- Child relocation because you or your spouse may want to take your child to live in an overseas country where you have a family connection or where you have the offer of a job. Taking a child overseas or bringing a child to Scotland could amount to parental child abduction if you or your spouse do not have the other’s agreement or a court order.
- International adoption and surrogacy arrangements where you are looking to start a family through overseas adoption or surrogacy.
International Family Law and Divorce Financial Settlements
If you are negotiating a financial settlement on divorce where the courts in more than one jurisdiction have the authority to decide on the financial settlement, it is essential that you understand whether it is in your interests to start proceedings in Scotland or not. The amount you may receive as a financial settlement or be expected to pay will depend on the laws in the country where your financial court order is determined. For example, in Scotland, payment of aliment is time limited, but in England, aliment is referred to as spousal maintenance, and the court can order that it is paid for life.
International Family Law Agreements
If you are planning on getting married and you have international assets, or potentially there would be more than one jurisdiction if you were to get divorced, you may need the assistance of an international family lawyer with your prenuptial agreement and any mirror agreement.
Our international family law solicitors can help you understand the international aspects and reach an informed view on how best to reach an agreement or whether it is in your financial interests to challenge Scottish or overseas jurisdiction.