Either partner can seek to annul the marriage but if neither partner does, the marriage will be valid. You can argue that your partner should be accepted as next of kin but some organisations may not accept this. District registrars must be notified and sent the relevant forms and documents. Get advice from a solicitor if you are in this position. If you need to know whether your marriage is void, you Find wife scotland need to seek specialist legal advice.
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This guide provides advice about finding records of divorce from to the present day and finding records of separation and other cases. In Scotland a married woman traditionally retained her maiden name and in the indexes and records she may be designated as 'Mary Smith, wife of John Jamieson', or 'Mrs Mary Smith or Jamieson'.
The register is indexed and you can obtain a copy of an entry known as an official extract from the registers. From this date, the vast majority of divorce cases have been heard in sheriff courts rather than the Court of Session.
Sheriff Court records are not transferred to us until they are at least 25 years old. If a divorce was heard in the Court of Session, the papers remain with the Court for up to six years after the conclusion of the case or longer for those involving children as they are usually retained until the youngest child reaches the age of Those transmitted to us are listed in our catalogue and can be found by searching for either party involved in the action.
From to , individual divorce cases are listed in our catalogue and can be found by searching for either party involved in the action. Case papers can be either 'extracted' or 'unextracted' processes. For extracted processes the judge's verdict can be found in the Register of Acts and Decreets CS45 , using the last date for a case in the minute book. If children are involved in a divorce, the case papers are normally transferred to us only when the youngest has reached the age of 16 - you may have to search through the indexes on this basis.
Sometimes the letter 'R' is used alongside entries to show that case papers were 'Retained', while in others the eventual year of transmission is shown in round brackets. Many of the cases involving children are extracted processes. It is indexed only by pursuer. Before cruelty became a ground for divorce in , judicial separation was one of the main legal remedies. Separation has continued to be resorted to by those with religious objections to divorce.
Separation cases before can be found in the same way as divorce cases in the records of the Court of Session CS. After the sheriff courts heard separation cases, and the records may be found among the civil court processes and the registers of extract decrees SC , which are generally unindexed.
Since the nineteenth century other legal proceedings, such as actions for aliment the support or maintenance of the spouse and or children , were heard in sheriff courts, since these actions concern debt, not personal status. From the sheriff courts also heard cases of separation and aliment, adherence and aliment, and custody of children.
We will only search for a case for which the year, the name of the pursuer, and preferably also of the defender, are provided. We will not make speculative searches of the indexes on the basis of vague information.
If you only know the name of the defender, remember that as some indexes only list pursuers, you will need to make a speculative search in person or by proxy. Skip to main content. Divorce and Separation Records.
Finding Records of Separation and Other Cases Before cruelty became a ground for divorce in , judicial separation was one of the main legal remedies. Special Points to Bear in Mind We will only search for a case for which the year, the name of the pursuer, and preferably also of the defender, are provided.
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Your rights if you or your partner own your home - Shelter Scotland
Scotland has a well-earned reputation for providing an incredibly warm and open welcome to everyone who chooses to come here. No visa is currently required and you have the right to live and work in Scotland and the rest of the UK. In June the UK voted to leave the EU during the EU Referendum known as Brexit and since then there's been a great deal of talk around what this means for European nationals currently living here.
From America and Canada to China, Australia and everywhere in between, Scotland welcomes people from every corner of the globe, every day. The good news is, with the right visa, you can come and join them! The type of visa that you require will depend on a number of different factors and there are several different types of visa you can apply for. You must remember to apply for your documentation before you travel to Scotland, as you can be refused entry if you do not have the required papers.
Moving to Scotland is an incredibly exciting opportunity and we know that you may want to share that adventure with your family. With so many things to choose between its important to make sure you have your documentation sorted out so you can hit the ground running. Now is the perfect time to invest in Scotland, with a massive range of opportunities across the country in all our key growth sectors.
Find out about business visas in Scotland on Talentscotland. I agree. Home About Scotland Visa and Immigration. Visa and Immigration Before we start a beautiful relationship, let's check you can move in with us. Related content. Moving to Scotland.