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Married in Santorini UK Citizen - divorce process

  • kld221
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27 Mar 20 #511932 by kld221
Topic started by kld221
Hi there, we were married in Santorini a few years ago. Is it true that we need to return to Santorini to get a divorce? We are both UK Citizens. Any advice greatly appreciated.

  • rubytuesday
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27 Mar 20 #511933 by rubytuesday
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Welcome to Wikivorce.

Where do you both live?

  • kld221
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28 Mar 20 #511940 by kld221
Reply from kld221
We both live in Scotland

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28 Mar 20 #511941 by rubytuesday
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If you have lived there for more than 40 consecutive days, you will be able to divorce under Scots law. If there are no children under the age of 16, and you intend to use separation as your "ground" for divorce, you can use the simplified procedure. You will also need to ensure that there are no outstanding financial matters to be resolved. If you truly don;t want any share of the equity of the FMH, and there are no other marital assets to share, and simply want a divorce, then usually an affidavit stating that there are no outstanding financial matters to be concluded may be enough to satisfy the sheriff.

If you have children under the age of 16, you will have to use the ORdinary procedure for divorce, which requires a solicitor to draw up a Writ to be submitted to the Sheriff court. If finances and/or child matters can't be resolved, it's possible to include in the divorce Writ a request for the Sheriff to deal with the outstanding issues at the same time - although this will require a number of hearings (usually open to the public) before an Opinion can be reached.

You can begin proceedings once you have resolved the financial matters and arrangements for the children in a legally-binding Separation Agreement. As fault ­base­d divorces (adultery and behaviour) carry a heavy burden of proof, most couples in Scotland divorce on either 1 year separation (with consent from the defender), or 2 years separation (no consent required). The separation period is usually spent sorting out the finances and child matters.

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28 Mar 20 #511945 by kld221
Reply from kld221
Thank you for your reply. Unfortunately it does not answer my initial question.

  • hadenoughnow
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28 Mar 20 #511946 by hadenoughnow
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I think the answers clear :). You don't need to return to Santorini to divorce, you can do it in Scotland. You will need an original or certified copy of your marriage certificate.

Hadenoughnow

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02 Apr 20 #512010 by LisaW
Reply from LisaW
I was married in Kenya, we flew out there to be married. We were divorced in England. As hadenoughnow states, just need an original or certified copy of your marriage certificate. Best of luck.

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