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JGM
JGM, Solicitor
Category: Immigration Law
Satisfied Customers: 11747
Experience:  30 years as a practising solicitor.
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I am british expat from Scotland working in Saudi Arabia. In

Customer Question

I am british expat from Scotland working in Saudi Arabia. In 2009 I married a Filipina in Philippines. Marriage broke down in 2013 no children. divorce over there not possible only annulment and very difficult plus my wife would not agree. No contact since July 2013.
Can I get divorce in UK (Scotland) and when could this happen and what conditions would I have to do.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  JGM replied 3 years ago.
You can't get a divorce in Scotland unless you are domiciled or habitually resident in Scotland and have resided in Scotland for 40 days prior to the raising of the action.
So Scotland is no use to you u less or until you come back to live here, I'm afraid.
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Customer: replied 3 years ago.

I own a property in Scotland and assuming I return there for 40 days prior to raising action when is earliest I can raise action, could it be two years after last contact? Could I return for 40 days raise the action then return overseas to work?

Expert:  JGM replied 3 years ago.
If our wife doesn't consent to the action you would have to wait until you were separate for two years, yes.
Where you live after the action is raised doesn't matter. As long as you have your domicile in Scotland and live ther for 40 days before you raise the action, the Scottish court has jurisdiction.
Assuming you have no children with your wife you can raise a simplified procedure divorce. You can get the form at www.scotcourts.gov.uk