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Residency Criteria

To qualify for a divorce under Scottish law you must meet certain criteria in terms of residency – they are:

  • You and your spouse/civil partner are habitually resident in Scotland,

  • You and your spouse/civil partner were both last habitually resident together in Scotland and one of you still resides there,

  • Your spouse/civil partner is habitually resident in Scotland,

  • You are habitually resident in Scotland having resided there for at least one year immediately before this application is made,

  • You are habitually resident in Scotland having resided there for at least six months immediately before this application is made and you are domiciled in Scotland, and/or

  • (For Divorce applications only) You and your spouse are domiciled in Scotland,


Which failing

  • Either you or your spouse / civil partner are domiciled in Scotland, and

  • Additional provisions apply which enable nationals of other member states of the European Union to qualify. For further details on this contact ask your nearest CAB, or Sheriff Clerk’s Office.


And

(For Sheriff Court applications ONLY)

  • you have lived at your current address for at least 40 days before the date of signing the application,

  • your spouse / civil partner has lived at his/her current address for at least 40 days before the date of you signing the application, or

  • either you or your spouse / civil partner have no known residence in Scotland, but did live at the address shown for at least 40 days, ending not more than 40 days before the date of you signing the application

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