In the question of where and how you can obtain a divorce there are some technical factors which need to be considered.

Firstly, the law in England and Wales is different to the law in Scotland. If you and your spouse, or one of you, consider yourself to be Scottish citizens, you both normally live in Scotland, lived in Scotland during the marriage or have a stronger connection with Scotland than England you should take advice from a solicitor qualified in Scotland.

If one of you is Scottish and the other from overseas however you may still be able to divorce in England.

If you were born in England or Wales but now live outside of the UK you may still be able to use the English courts to obtain a divorce. Also if you are living in the UK but originally from elsewhere you may be able to use the English courts.

The main question to be considered is where you and your spouse are ‘domiciled.’ This will determine which legal system has jurisdiction to grant you a divorce.

This is a very complex area of divorce law and something that the lawyers at Woolley & Co specialise in.

For advice relating to your particular circumstances contact Woolley & Co here.