bonus_vampirus (bonus_vampirus) wrote in little_details,
bonus_vampirus
bonus_vampirus
little_details

Time frame (after the initial seven year wait) for getting someone presumed dead in Scotland?

Setting: Scotland. The man went missing in 2003; his wife wants him presumed dead in 2014.

Full background, though idk how much of it will be relevant to my question: There's a married couple with two very young kids. One morning, the couple has a fight, and the man is never seen or heard from again. The woman does not report her husband missing; he's reported missing several days later by a friend. The friend in question knows about the fight they had, and informs the police that it happened. The wife swears that she has no idea what happened to her husband. She says that she assumed he caught a train to London to sulk at his mother's place for a few days. The police find his mother, and she hasn't seen or heard from him either. His car is still at the house. His mobile is out of service. The wife lets the police into their home and they find no evidence of foul play. The man's mother and the friend that initially reported him missing look for him, but they have never find him. His wife never looks for him. No criminal charges are ever pressed against anyone, but the prevailing opinion in the village is that the wife got away with murder. Eleven years later, she's in love with a new man and wants to remarry.

I understand that she could have had him presumed dead after just seven years, but she didn't for two main reasons: the first being that her son didn't want her to, and the second being that her husband was very rich and she had enough people thinking she'd murdered him without opening herself up to accusations that she wanted his money.

Now, I've done enough reading on having someone presumed dead in Scotland to have a pretty good idea of how it works. The one bit of information that I haven't been able to find is an estimate for how long it will take, once she has submitted the necessary paperwork.

Tl;dr: I have a man who has been missing for more than seven years. His wife would like for him to be legally presumed dead. From the time that she files the paper work to the time when it's official, how long will the process of getting her husband presumed dead take?

Googled terms: "presumptive death Scotland" "presumed dead Scotland" "presumed dead Scotland time frame" "how long does it take to have someone declared legally dead in Scotland" "presumed dead Scotland court proceedings time"
Tags: uk: scotland (misc), ~marriage, ~missing persons
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