It is now much more common for couples from different countries of origin to marry, live together or have children together. Increasingly situations arise where one party resides in Scotland but the other party moves abroad following separation or perhaps the couple separates while living abroad.
Such situations often result in difficult issues arising as to which country has jurisdiction for any subsequent action of divorce or the country in which a court should decide the future residence of a child of the marriage. Similarly the applicable law in the country where one of the parties is resident may be significantly more favourable to one party than to the other.
The concept of 'forum shopping' has appeared in recent years with an individual sometimes choosing his or her habitual residence to found jurisdiction for an action of divorce. Our experience in dealing with international cases and our established links with experienced lawyers elsewhere in the world allow us to assist clients and to advise fully on the jurisdiction which best serves their interests. Where appropriate, we identify and instruct solicitors or attorneys in other countries on behalf of a client.