At XK Family Law Solicitors Aberdeen, we understand how confusing divorce jurisdiction can be. Here’s a simple breakdown of when you can bring a divorce or separation case to your local sheriff court in Scotland.

When Can the Sheriff Court Handle a Divorce or Separation?

You can raise a divorce or separation action in the sheriff court if:

One of you is legally connected to Scotland, either by:

• Being domiciled (considered to have a permanent home) in Scotland when the case starts,
• OR having lived in Scotland for at least 12 months before starting the action.

One of you must also have lived in the sheriffdom (local court area) for:

• 40 days ending on the date the case is raised.
• OR for at least 40 days ending not more than 40 days before the case begins, with no other address in Scotland.

Can a Sheriff Court Handle More Than One Action?

Yes. Even if it doesn’t have jurisdiction for the original case, the court may still hear:

• Cross-actions or follow-up actions while the main case is ongoing.
• Appeals and connected proceedings that are still active.

What Else Can the Sheriff Court Deal With?

If the court has jurisdiction, it can also handle related matters, such as:

• Child custody and parental rights.
• Aliment (financial support).
• Property, pension and money division (financial provision).

Foreign Divorce but Scottish Connection?

Even if your divorce happened abroad, the sheriff court can still help with financial matters if you or your ex owned or rented a matrimonial home in Scotland. If that home is in the local sheriffdom, the court can usually step in – this makes it easier for people with ties to Scotland to seek fairness, even after a foreign divorce.

Other Divorce Case in Progress?

If there are ongoing legal proceedings in another country about your marriage or partnership:

• The Scottish court may pause (sist) your case to avoid conflict.
• You must inform the court about any other ongoing proceedings.

What About Civil Partnerships?

The sheriff court can deal with the dissolution, separation, or annulment of a civil partnership when:

Both partners are:

• Living in Scotland, or were last living together in Scotland and one still does.

Or when:

• The defender lives in Scotland.
• The pursuer has lived in Scotland for at least 1 year.
• The pursuer is domiciled and habitually resident in Scotland and has lived there for 6 months.

Need Legal Advice on Scottish Divorce or Civil Partnership Law?

At XK Family Law Solicitors Aberdeen, we guide clients through:

• Scottish sheriff court divorce and separation
• Cross-border divorce and financial claims
• Civil partnership breakdowns

Ready to discuss your case?

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