This means even if you live outside Scotland, you might still be able to divorce here. Domicile is not as straightforward as where you were born and so if there is a continuing connection to Scotland, this is something you may wish to explore.

When is it an international divorce?

An international divorce happens when you're connected to more than one country. Factors to consider include:

• where you and your children live;
• where you call home (your domicile);
• where you own property;
• where you got married or spent significant time; and 
• any foreign marital agreements, plus property, pensions, and jobs in other countries.

These connections can all impact where the best place to get a divorce is. 

Why does it matter where you divorce?

The country you choose for your divorce can greatly affect the outcome. Different countries have different laws about:

• validity of prenuptial or marital agreements;
• treatment of assets acquired before marriage or inherited, and assets acquired after separation;
• factors influencing asset division such as lifestyle and needs and the consideration of marital conduct;
• spousal maintenance – duration and amount;
• financial provision for children;
• ease of obtaining financial disclosure; and
• duration and cost of the divorce process and whether a court in another country will end up applying foreign law.

The way families resolve disputes also varies, and some places offer better access to alternative dispute resolution methods or specialist family law advice. Additionally, ensuring that decisions made in one country can be recognised and enforced in another is crucial.

What if there are divorce applications in multiple countries? 

If you end up with divorce applications in more than one jurisdiction, things can get complicated and expensive as you'll need lawyers and incur court costs in both places.

Currently, if a divorce application is filed in Scotland and another country outside of the UK, the respective courts will decide where the case should proceed. This decision involves cooperation between lawyers and courts to find the most suitable forum.

If you have competing applications for divorce in different countries, the process may become protracted as the first step is deciding which country should handle your divorce. Other factors, such as the countries involved and the legal process there, will also affect the timeline.

Having competing divorce applications in different countries is costly. You’ll need to weigh these costs with the help of legal advisers in each country. Sometimes, pursuing a financially better outcome in one country might not be worth the extra expenses involved. Also, think about how this might affect your family dynamics.

Life is complicated as it is. If you’re going through a divorce with international ties, professional advice is crucial to avoid unexpected outcomes. At our firm, we have extensive experience helping clients navigate these complex situations, especially those involving work abroad, strong national ties, and multiple assets. Immigration advice is also an important element of international divorce. 

Let us help you understand your options and guide you through the process to ensure the best possible outcome for you and your family.