Case Studies of Expatriate Cases in Scotland

L v L

This case involved a Scottish husband, an American wife, 2 children both with dual US/ UK nationality. They had met and married in the USA but were now living together in Uganda. Neither spouse wished to divorce where they were habitually resident. Their assets were all in Scotland and the wife wanted to leave Uganda with the children and return to the US. Both clients instructed Scottish lawyers. Key for the wife, was more child/ spousal support than would be awarded in Scotland and a fair division of the assets. She also needed the husband to pay medical expenses/ insurance for her and the children in the US and school fees.

We instructed a US lawyer in the state that she was returning to ensure that our Scottish agreement would be binding there. We also asked for a baseline figure as to the levels of child support that would be awarded and for input as to the wording required in terms of health insurance. An agreement was drafted that suited all concerned. The husband secured contact with the children, a division of assets and a clean break save for ongoing child support. The wife secured a return home with the children, a capital award to assist as a down payment for a house, child support and health insurance. As the agreement did not require to rubber stamped by the court in Scotland, divorce could follow either in Scotland or the USA.

M v M

This case involved a race to court to seize jurisdiction. The husband was a majority shareholder in a UK public listed company which also had subsidiaries in the UAE and Australia. Both parties were domiciled Scots and the wife still lived there. The husband lived in Dubai with his new partner. Proceedings were raised by the wife in the Court of Session in Scotland and by the husband in the UAE. The husband obtained a divorce more quickly in the UAE. Even although the husband had obtained a divorce, it was open to the wife to seek an order for financial provision from the Scottish courts following the granting of a foreign divorce. In Scotland, the spouse seeking financial provision needs to move quickly and must obtain an order within a fixed period of time. The wife did in the end secure an order for money and transfer of property. It is important to note that even if your spouse divorces you abroad, there may be scope for you to still obtain a financial award as long as you act swiftly and obtain specialist advice.

H v H

This case concerned a US national wife, an English husband who had dual UK/US citizenship, two young infants who had US/UK citizenship. The family had been living in Scotland for just over a year. Prior to that they had lived in the US and the children had consequently lived for the majority of their lives in the US. The marriage broke down and the wife wanted to go home with the children. The husband refused. The wife had to raise proceedings to try to return with the children to the US. The court case lasted a week and evidence was led as to the children’s strong connection with the US; the fact that neither had yet started school; the fact the mother could earn a lot more in the US than in Scotland and the fact the husband could work and live in the US if he chose to. The court decided that the children should not return to the USA and instead remain in Scotland. The wife, by default would need to stay in Scotland. The law in Scotland with regard to relocation is very strict. It is only in exceptional cases that courts will allow one parent to relocate with children once habitual residence has been established in Scotland. This case is not unusual. The courts have also split families up. In one case, mother and daughter went back home to Australia and dad and son stayed in Scotland. Families who are considering relocation to Scotland need to seriously consider the prospect of not being allowed to return to your country of origin if there is a disagreement between the parents on separation.

C v C

The husband is a domiciled Scot, the wife is Filipino. The family resides in the Philippines.

Divorce is not available in the Philippines, but they will recognise foreign orders.

Divorce is being sought by the husband here in Scotland. Even though he has lived abroad for many years he is a domiciled Scot so can divorce in Scotland.