International Divorce - Scotland
Discussion
Hi all.
I'm after some advice, most important being a good international divorce lawyer probably based in Scotland.
The background is this:
When I was on holiday I met a lady who is a foreign national who would like me to help her.
She is currently living in her home country (out of the EU) with two young children and has been separated from her husband for over four years. Her husband is Scottish and they got married in Scotland. The marriage was never registered in her home county and she has told me that her husband would have to be there for it to be registered - not going to happen - making it impossible for her to get a divorce there.
She doesn't know where her husband is - he was working abroad - but she does know that he has two other children living in Scotland for whom he pays maintenance. She's really struggling to live as she receives nothing from her husband at the moment. I guess he would like to preserve the status quo as it costs him nothing.
My question's are:
Does anyone know whether she can get a divorce in Scotland and what would she have to do?
Can anyone recommend to me a good lawyer who would be able to assist?
Any other advice i.e. her chances of sole care, ability to pursue for maintenance etc.?
Thanks in advance
I'm after some advice, most important being a good international divorce lawyer probably based in Scotland.
The background is this:
When I was on holiday I met a lady who is a foreign national who would like me to help her.
She is currently living in her home country (out of the EU) with two young children and has been separated from her husband for over four years. Her husband is Scottish and they got married in Scotland. The marriage was never registered in her home county and she has told me that her husband would have to be there for it to be registered - not going to happen - making it impossible for her to get a divorce there.
She doesn't know where her husband is - he was working abroad - but she does know that he has two other children living in Scotland for whom he pays maintenance. She's really struggling to live as she receives nothing from her husband at the moment. I guess he would like to preserve the status quo as it costs him nothing.
My question's are:
Does anyone know whether she can get a divorce in Scotland and what would she have to do?
Can anyone recommend to me a good lawyer who would be able to assist?
Any other advice i.e. her chances of sole care, ability to pursue for maintenance etc.?
Thanks in advance
In Scotland I believe it's along the lines of 1 party can register the divorce, it becomes official after 12 months if no objections are raised by the other party.
The situation sets alarm bells off though. I'd send her the link below and wish her all the best.
https://www.google.co.uk/webhp?sourceid=chrome-ins...
The situation sets alarm bells off though. I'd send her the link below and wish her all the best.
https://www.google.co.uk/webhp?sourceid=chrome-ins...
Black_S3 said:
It was registered there, so residency shouldn't have any effect. Could be tricky if she can't even provide a current address for him.
Sorry to sound skeptical, but if she goes on to ask you to western union her money to pay for the lawyer you will tell her to bugger off right?
No problem with being sceptical - I'm a cynical old git who's been around the world a few times Sorry to sound skeptical, but if she goes on to ask you to western union her money to pay for the lawyer you will tell her to bugger off right?
She's not after money from me - only a way of getting money from him!PurpleMoonlight said:
If she doesn't know where her husband is how is she going to find out what assets he has to steal?
I don't think stealing is exactly the right term for maintenance payments so that his kids don't starve 
but YMMV. Actually getting money is priority number two after feeling that she is finally free of him. He is already making payments for his other kids so I think there should be some way of tracking him downStarving? Really!!!
What do you know about this woman and the children?
Where were the children born? If the UK did she unlawfully take them out of the country?
Has she denied his contact with them?
How does she know he pays maintenance for other children?
Why are you getting involved in this anyway?
What do you know about this woman and the children?
Where were the children born? If the UK did she unlawfully take them out of the country?
Has she denied his contact with them?
How does she know he pays maintenance for other children?
Why are you getting involved in this anyway?
PurpleMoonlight said:
Starving? Really!!!
What do you know about this woman and the children?
Where were the children born? If the UK did she unlawfully take them out of the country?
Has she denied his contact with them?
How does she know he pays maintenance for other children?
Why are you getting involved in this anyway?
Rather more than you I thinkWhat do you know about this woman and the children?
Where were the children born? If the UK did she unlawfully take them out of the country?
Has she denied his contact with them?
How does she know he pays maintenance for other children?
Why are you getting involved in this anyway?
No
She hasn't denied him contact
I have no idea but she seems to know
Because she asked me to and I'm a helpful bloke not that it's your business
What's your problem anyway? something hitting home here? Why do you want to post if you're not going to help?
PurpleMoonlight said:
You only know what she has told you. It is unlikely to be the truth.
Still, if you want to be the good Samaritan you go right ahead.
Won't be long before she asks you for money I bet.
I only have her side of the story correct. She wants a divorce and child maintenance - that's up to the courts not meStill, if you want to be the good Samaritan you go right ahead.
Won't be long before she asks you for money I bet.
Yes, I'll go ahead.
If you are concerned for my welfare then thank you; I know there are a lot of scams in the world and people aren't always what they seem.
She made it very clear to me that she was not after anything other than help and advice. Once I have found the relevant information and a good lawyer for her I am out of the picture.
I'd still appreciate information from anyone with legal experience who can give helpful advice.
What passports does the mum and kids hold, where were they born, where have they/do they live, is the absent father named on their birth certificates if born in the UK.... I think for anyone to give any meaningful help loads more info is needed - bloody complicated and if the mum is living abroad and does not have uk citizenship I can't imagine the CSA would be interested. To get anywhere it's going to be a Scottish law firm for the divorce, so start there....
bobthebench said:
From the info you have, she cannot divorce in Scotland. Party raising it needs to be domiciled here. She isn't. His nationality is irrelevant.
I've talked now to a lawyer who says, based on the information I've posted here, that she can divorce in the UK. I'll be talking to them again today. May I ask what your knowledge is as I would like to know what is correct.sukuinage said:
What's your problem anyway? something hitting home here? Why do you want to post if you're not going to help?
Well. You came on here asking for advice. The poster asked why you were getting involved.In light of the fact that you asked for advice, here is my advice:-
"I wouldn't get involved". "Walk away". "Leave it".
Now, please don't take umbrage. You asked for advice and that is my advice.
sukuinage said:
Because she asked me to and I'm a helpful bloke not that it's your business
What's your problem anyway? something hitting home here? Why do you want to post if you're not going to help?
You want to get it wet. For your own sake, one bloke to another. DONT. Just walk away now whilst you still can.What's your problem anyway? something hitting home here? Why do you want to post if you're not going to help?
OK. Thank you to Black_S3 and Bobthebench for trying to help.
I don't quite understand why all the rest seem so totally opposed to helping another human being to have a better life than she has experienced for the past several years. I presume the concept of a man being prepared to support his own children is completely alien for them.
I'll pursue the matter further through professional, legal channels.
I don't quite understand why all the rest seem so totally opposed to helping another human being to have a better life than she has experienced for the past several years. I presume the concept of a man being prepared to support his own children is completely alien for them.
I'll pursue the matter further through professional, legal channels.
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