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Jurisdiction Problem (Scotland-England)

  • nemo707
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10 May 12 #329669 by nemo707
Topic started by nemo707
Hi,

I used to live in Scotland and got separated from my Ex in Dec 2010. We do not have any children or joint property. She DOES NOT want divorce.

She filed a maintenance case for which I am still paying "interim" aliment.

I dont know where she lives now England or Scotland or some other country.

After Dec 2012, 24 months of separation would be complete, so I was thinking about using DIY procedure.

The maintenance case is on a sisted state..i.e. paused state (she requested to pause it and disappeared)

problem 1) Can the maintenance case cause a problem for simplified process as one of the condition is there should not be any pending financial matter.

Problem 2) I live in England now and the laws are different in England. Would that cause jurisdiction problem for me because I dont live in Scotland ?



Your responses would be appreciated.

  • Fiona
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11 May 12 #330072 by Fiona
Reply from Fiona
There will be no jurisdiction issues If your wife still lives in Scotland.

The aliment is only paid until you divorce and it could be an outstanding financial matter if there is no Separation Agreement settling the split of any assets and/or periodic allowance after divorce.

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