At XK Family Law Solicitors Aberdeen, we understand how confusing divorce jurisdiction can be. Here’s a simple breakdown of when you can bring a divorce or separation case to your local sheriff court in Scotland.

✅ When Can the Sheriff Court Handle a Divorce or Separation?

You can raise a divorce or separation action in the sheriff court if:

👤 One of you is legally connected to Scotland, either by:

• Being domiciled (considered to have a permanent home) in Scotland when the case starts,
• OR having lived in Scotland for at least 12 months before starting the action.

🏠 One of you must also have lived in the sheriffdom (local court area) for:

• 40 days ending on the date the case is raised.
• OR for at least 40 days ending not more than 40 days before the case begins, with no other address in Scotland.

🔁 Can a Sheriff Court Handle More Than One Action?

Yes. Even if it doesn’t have jurisdiction for the original case, the court may still hear:

• Cross-actions or follow-up actions while the main case is ongoing.
• Appeals and connected proceedings that are still active.

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👨‍👩‍👧 What Else Can the Sheriff Court Deal With?

If the court has jurisdiction, it can also handle related matters, such as:

• 🧒 Child custody and parental rights.
• 💷 Aliment (financial support).
• 🏡 Property, pension and money division (financial provision).

🌍 Foreign Divorce but Scottish Connection?

Even if your divorce happened abroad, the sheriff court can still help with financial matters if you or your ex owned or rented a matrimonial home in Scotland. If that home is in the local sheriffdom, the court can usually step in – this makes it easier for people with ties to Scotland to seek fairness, even after a foreign divorce.

🌐 Other Divorce Case in Progress?

If there are ongoing legal proceedings in another country about your marriage or partnership:

• 🛑 The Scottish court may pause (sist) your case to avoid conflict.
• ⚠️ You must inform the court about any other ongoing proceedings.

🌈 What About Civil Partnerships?

The sheriff court can deal with the dissolution, separation, or annulment of a civil partnership when:

👫 Both partners are:

• Living in Scotland, or were last living together in Scotland and one still does.

🧍 Or when:

• The defender lives in Scotland.
• The pursuer has lived in Scotland for at least 1 year.
• The pursuer is domiciled and habitually resident in Scotland and has lived there for 6 months.

💬 Need Legal Advice on Scottish Divorce or Civil Partnership Law?

At XK Family Law Solicitors Aberdeen, we guide clients through:

• Scottish sheriff court divorce and separation
• Cross-border divorce and financial claims
• Civil partnership breakdowns

Ready to Discuss Your Case?

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