International Divorce - Scotland

International Divorce - Scotland

Author
Discussion

sukuinage

Original Poster:

13 posts

132 months

Tuesday 26th July 2016
quotequote all
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

sukuinage

Original Poster:

13 posts

132 months

Tuesday 26th July 2016
quotequote all
I've done a little googling and found it very difficult to find out if it is possible for her to divorce in Scotland if neither is resident. I have seen that after two years she can unilaterally start proceedings. I will call a couple of lawyers and see what feedback I get

sukuinage

Original Poster:

13 posts

132 months

Tuesday 26th July 2016
quotequote all
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 smile She's not after money from me - only a way of getting money from him!

sukuinage

Original Poster:

13 posts

132 months

Tuesday 26th July 2016
quotequote all
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 rolleyes 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 down

sukuinage

Original Poster:

13 posts

132 months

Tuesday 26th July 2016
quotequote all
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 think

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?

sukuinage

Original Poster:

13 posts

132 months

Tuesday 26th July 2016
quotequote all
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 me

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.

sukuinage

Original Poster:

13 posts

132 months

Wednesday 27th July 2016
quotequote all
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

Original Poster:

13 posts

132 months

Wednesday 27th July 2016
quotequote all
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.

sukuinage

Original Poster:

13 posts

132 months

Wednesday 27th July 2016
quotequote all
jshell said:
Is her first initial 'L'?
No, why?

sukuinage

Original Poster:

13 posts

132 months

Wednesday 27th July 2016
quotequote all
jshell said:
I know of another case almost identical to the one you're helping with...and I mean soooo very close.
Interesting - I'd appreciate if you could PM me with details.