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This booklet tells you what action you can take if you wish to claim maintenance from a spouse (or former spouse) who is living abroad. You can do this whether or not you have a Scottish court order for maintenance. You may also be able to pursue a former partner for maintenance for his children even if you have never been married to each other. Our procedures make this as simple as possible for you.
Most of the procedures described in this booklet apply to the sheriff court or sheriff clerk. If you have an existing maintenance order made in the Court of Session you should ask for advice from the Deputy Principal Clerk of Session in the Court of Session. If you need advice on starting fresh proceedings in Scotland please ask the sheriff court or sheriff clerk. The Court of Session and the sheriff courts have power over these but it may be more convenient and less expensive for you to pursue your claim in the local sheriff court. If you wish to claim in the Court of Session you should take legal advice.
This booklet is for general guidance only and is not intended as a statement of law. The advice is to help you to enforce a Scottish court order for maintenance or to apply for a court hearing in another country. You do not need to have lived in Scotland after the order was made. But, if you wish to start proceedings in a Scottish court, or apply for a court hearing in another country, you must be living in Scotland when you apply. Please talk to a solicitor or advice centre about this.
The speed and the way a case is conducted abroad depends on the internal procedures of the country involved.
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