# I want to get divorced but are scared of what the courts may say



## marelize (Nov 5, 2012)

Hi there,

I am a born South African, got married in the UK to a Scotsman almost 10 years ago. We returned to South Africa a year ago but decided to seperate recently, as a result he returned to the UK. 

There's no chance for us getting back together so I was thinking of suggesting divorce when he comes to visit our 20 month old little girl.

One of my questions is where will the divorce need to happen - S.A. or UK? 

Also, I am panicking as a family membe told me about an article in a magazine where also a S.A. lady divorced her overseas husband and moved back to S.A. with her kids and the courts demanded she moves back to that country so the father can be near his children. Does anyone have any ideas on this?

I am scared and dont know what to do for the best - any advice will be great.


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## MaidenScotland (Jun 6, 2009)

See a lawyer.. they are best placed to give you unbiased legal advice. 

good luck


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## Saartjie (Mar 1, 2010)

marelize said:


> Hi there,
> 
> I am a born South African, got married in the UK to a Scotsman almost 10 years ago. We returned to South Africa a year ago but decided to seperate recently, as a result he returned to the UK.
> 
> ...


I agree, you must see a good lawyer. I am a lawyer but not a family lawyer. What I do know though is that under SA law the father has far more rights than under UK law. I think you can get divorced where you want but if I were you I would file for divorce in the UK rather than here as I think the courts there are more efficient but that is a matter of preference really. I repeat though, get a good lawyer.


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