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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
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HelloMy name isXXXXX am brazilian, corrently stayin in

Resolved Question:

Hello
My name isXXXXX am brazilian, corrently stayin in Brazil.
My ex partner is german and currently living in Edinburgh.
We got married in the United States, moved to Edinburgh, lived there from 2008 until now and now we want to separate. However as i mentioned above because we separated I am staying in Brazil and she is in Edinburgh. We would like to do a friendly divorce, we have no kids or goods to separate.

My question is:
Can we get the divorce since I am staying abroad?
What are the exactly steps I should take?

Ps. I am still register in a addrs in the uk however i will be spending a long time in Brazil until things settle down.
In contact with my ex partner she said if its possible, she can post whatever the paper work which needs to signed by me and I can send back to her and we can go ahead with the divorce in a friendly way.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Your wife can raise the divorce in Scotland after you have been separated for one year. It can be done under simplified "quickie" procedure assuming no children and no financial claims.

You can get the forms at the following link. After the separation period your wife can fill in the form, take it to court with your marriage certificate, pay the fee and the court will do the rest.

The fee is currently £104.

Here is the link:

http://www.scotcourts.gov.uk/docs/default-source/scf---sc---simplified-divorce-and-simplified-dissolution-of-civil-partnership/form-spa---simplified-divorce-1-year-separation.doc?sfvrsn=6

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Wow
Thank you so much for the quick and so helpfull answer.


 


Sounds like it's pretty easy, right?


One year separated, wife raises the divorce, by filling in the form you have sent to me, using the link above, take it to the court with marriage certificated (even though we got married in the USA and our marriage certificate is from the US) and its done? I mean we just need to wait to get an official document saying we are no longer married? I don't need to be in Scotland myself.


 


Again, I really appreciate your help and will def be giving you 100% positive feedback

Expert:  JGM replied 3 years ago.
That is all correct. And a US marriage certificate is fine.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello again


First thank you for you help in the first instance.


 


My ex partner and I have done everything what you have told us we should do. The papers and everything is right. However the woman from the court in Edinburgh told my ex partner that because I am away in Brazil the divorce can take years to be proceded(done) and there are charges on top, depending on how long we will have to wait. I found that quite weird and would like to know you opinion about this if possible, please.


 


Thank you so much one more time

Expert:  JGM replied 3 years ago.
That is just not correct. They have to ensure a copy of the papers have been received by you. They could send the papers to process servers in Brazil and you could pick them up from there. There would be a small additional cost but it would not take years.
Customer: replied 3 years ago.

Thank you very much
My ex partner will be taking the forms to the court tomorrow. I will let you know how it went.
Not enought words to thank you on helping us.