Q&As

Where a party was born and married in Wales and now lives in Scotland, where can they issue divorce proceedings?

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Published on LexisPSL on 11/10/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where a party was born and married in Wales and now lives in Scotland, where can they issue divorce proceedings?

There are two courts in Scotland where actions of divorce and dissolution can be raised—the sheriff court local to one or both of the parties, and the Court of Session. The sheriff courts are grouped into sheriffdoms, of which there are six in Scotland. The jurisdictional requirements differ slightly in the sheriff court. Jurisdictional requirements are set out in the Domicile and Matrimonial Proceedings Act 1973 (DMPA 1973) and Council Regulation (EC) 2201/2003 (Brussels II bis).

The Court of Session will have jurisdiction where either the Scottish courts have jurisdiction under Brussels II bis, or (more rarely) the action is an ‘excluded action’, ie no court of a contracting state has jurisdiction under Brussels II bis and the defender is not a national of a contracting state (other than the UK or Ireland), and either of the parties to the marriage is domiciled in Scotland on the date t

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