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Q A. I got married in Scotland but I am now living in England, my spouse is still living in Scotland. Where should I issue my Divorce Petition? . If you would like to issue a Divorce Petition, it is important to make sure the Court you intend to issue the Petition with has jurisdiction to deal with it, namely that you will need to have a “specific connection” to England and Wales.

The Court will have jurisdiction to deal with your application if you, as Petitioner, are habitually resident in England and Wales and have resided in England and Wales for at least one year immediately prior to issuing the Petition. Habitually resident means this is the country you live in for “settled purposes” e.g. work, family etc. with only temporary absences.

Alternatively, if you are If you would like further advice, please contact Carl Russell at Hegarty Solicitors on 01733 295 621 or email carl.russell@hegarty. co.uk. domiciled in England and Wales and have resided there for at least six months immediately prior to issuing the Petition, the Court will have jurisdiction. To be domiciled means you consider where you reside in England and Wales to be your permanent place of home. It is important to note that if your spouse still lives in Scotland, they may have jurisdiction to issue a Petition there which may deter you from issuing your application, so it is important to decide which jurisdiction the Petition will be issued in.