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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10916
Experience:  30 years as a practising solicitor.
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Madam;I am an Egyptian Citizen.I have been residing

Customer Question

Dear Sir/Madam;
I am an Egyptian Citizen.
I have been residing in Aberdeen, Scotland, United Kingdom since October 2013.
I got married in Egypt at in October 2014 from a citizen of Kazakhstan.n who lives in Kazakhstan. She delegated an Egyptian lawyer to represent her in the marriage.
I went back to Egypt for one week and got divorced (official Talaaq) in May 2015 without my ex-spouse attending as she was not able to travel back from Kazakhstan.
Divorce was then resumed by my delegated Lawyer by proceedings and is recognized now by the Egyptian Government. My marital status in Egypt is "Divorced".
I am planning to remarry a EU Citizen in the UK and I am worried if my divorce will be recognized in the UK or not.
As I have read that according to the English law, I must be able to prove that she was notified, which is hard to do as there is no chance to bring her over to Egypt again.
Would you please advise if my divorce is going to be recognized in Scotland and if not, what can I do to get it recognized in Scotland?
Thanks and Kind Regards;
Mahmoud Laban
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
A divorce, such as talaq is recognised in the UK provided that there were "judicial or other proceedings" in the foreign sate. So as you have nmentioned that there were proceedings which made the divorce recognised by Egypt law, it will also be recognised under UK law under specific legislation that deals with the recognition of foreign decrees of divorce.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
Thank you Sir for your reply.Usually what happens according to the Egyptian law in foreign marriages. the government informs officially the spouse through their embassy then it takes 3 months for the divorce to be recognized. However, I have been informed by a soliciter that the English Law also requires a proof that the other party was informed or took part in the divorce.I am not sure if that applies to Scotland as well. I am also not sure if that my divorce will not be recognized if I was not able to prove that the other party has been informed of the proceedings or took part of it.Would you please advise Sir/Madam?
Expert:  JGM replied 1 year ago.
The test is "judicial or other proceedings". That is generally recognised by the fact that you have a final written order. A Scots court wouldn't look behind that as long as the proceedings were valid according to Egyptian law.
Customer: replied 1 year ago.
Dear Sir;Thank you so much for your reply. I apprrciate it.I just want to confirm that what you have stated applies even in case I have been a UK resident for the last two years?I have read that there may be additional conditions if I was a UK resident?
Expert:  JGM replied 1 year ago.
Not that I'm aware of, no.
Customer: replied 1 year ago.
http://www.google.co.uk/url?sa=t&source=web&cd=2&rct=j&q=foreign%20divorce%20recognition%20in%20uk&ved=0ahUKEwiBr5Ces9fJAhWK2xoKHcqaB5IQFggoMAE&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F267931%2Fdivorce.pdf&usg=AFQjCNFQpJ6lliSTNySOUqw7Bjofpz7zRg
Expert:  JGM replied 1 year ago.
You may have been living in Scotland but you could still have your domicile in Egypt. The link you provided me with is English law, not Scots law but it is very similar. You have satisfied the conditions according to Scots law in that the proceedings were valid according to Egyptian law.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10916
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much Sir for your support.:)
Customer: replied 1 year ago.
Dear Sir;
May you please take a look at section 5.2 in the following document:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/263218/recog.pdf"Divorce obtained other than by means of proceedings (i.e. not by a court)"I am not sure if that applies to me or not. I didn't get divorced in a court; However, I got divorced at a government Notary (in charge of foreign marriages affairs) and that is recognized by my domicile country.
Does the "means of proceedings" relate only to court divorces?Also, Though I am habitually resident in the UK since two years; However, I am not a permanent resident. My visa is a temporary sponsorship VISA which requires me to leave the country after it expires and I can't apply for residence.
Shouldn't my domicile and permanent residence be considered as Egypt?Thanks in advance;
Expert:  JGM replied 1 year ago.
Your domicile was Egypt and proceedings covers more than just court proceedings. It means an element of procedure and formality coupled with legality in the country of origin.

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