Our specialist divorce solicitors appreciate that going through a divorce can be a stressful and emotional experience. We have many years of experience advising a broad range of clients on all divorce-related matters, providing clear and compassionate support and guidance throughout.
We believe that divorce proceedings needn’t be a battle – our aim is always to help you achieve a fair and equitable agreement as quickly and straightforwardly as possible, while at the same time ensuring that your position and interests are protected. Here we answer some of the most frequently asked questions. If you have a question that is not answered below, or wish to discuss your specific circumstances, please contact us on 01224 456 789 for Aberdeen and 0131 228 2000 for Edinburgh, or complete our online contact form and one of our family law team will be in touch.
Can I get divorced in Scotland?
Most people who were married in the UK and live in Scotland will be able to apply for a divorce in Scotland. The rules state that you can get a divorce in Scotland if you:
- Have a marriage that is regarded as valid in the UK
- Meet the required residency rules – these can be complex so speak with one of our divorce solicitors if you are concerned that you may not be able to divorce in Scotland
What divorce procedure should I use?
There are two divorce procedures in Scotland – the simplified procedure and the ordinary procedure.
Simplified Divorce Procedure
Sometimes known as the ‘DIY divorce procedure’, this is appropriate for couples who do not have any children under the age of 16 and agree about how their money and property should be dealt with. If you and your spouse are in dispute about any elements of the divorce, you will have to use the ordinary divorce procedure. You do not need a solicitor to represent you if you are using the simplified procedure, however, before applying for a simplified divorce, it is advisable to seek legal advice.
Ordinary Divorce Procedure
If you have child under 16, or if you and your spouse do not agree about how money or property should be shared, you will have to use the ordinary divorce procedure. Children can include children of both you and your spouse, adopted children, step-children or children who have been treated as part of your family.
The reason you will have to use the ordinary divorce procedure is that the court will need to be satisfied before granting the divorce that suitable arrangements have been made for the care and support of your children. You will need a solicitor to represent you as part of your application.
How do I apply for an ordinary divorce?
There are two grounds on which a divorce application can be made:
- The marriage has broken down irretrievably
- One of the parties is applying for a gender recognition certificate
Irretrievable breakdown of a marriage can be proved if:
- One of the parties has exhibited unreasonable behaviour
- There is adultery
- Both parties agree to the divorce, and the couple have been living separately for at least one year
- One of the parties does not agree to the divorce, but you have lived separately for at least two years
What happens if the divorce application is undefended?
If both parties agree to the divorce, the court will look at the paperwork submitted by the pursuer – the person applying for the divorce – and their solicitor. If there are children involved, it will need to be shown that satisfactory arrangements have been made for their care and support.
If there are no children and no disputes relating to money or property, an undefended divorce can take up to three months. When agreeing to grant the divorce, the court will issue a certificate called an extract decree of divorce.
What happens if the divorce application is defended?
If your partner doesn’t agree regarding the divorce, the grounds or arrangements for children or property, they will need to send a Notice of Intention to Defend to the court when they receive the initial writ from the court. There will usually be a court hearing where a judge will determine if the marriage has broken down irretrievably.
Even if the court finds that the marriage has broken down, the court will still need to be satisfied that appropriate arrangements have been made for any children.
How much does it cost to get divorced?
The cost of divorce will vary depending on the method used to bring the marriage an end, whether you are applying to the court using the simplified procedure or not and also whether the application is lodged in the sheriff court or Court of Session. Court action to end a marriage can incur larger legal fees. Fees are highly dependent on your circumstances and should be discussed early with your legal representative.
Contact our Divorce Lawyers in Aberdeen & Edinburgh, Scotland
Our divorce lawyers are friendly and approachable – whatever questions or concerns you have, a member of our team will be on hand to address these promptly without resorting to legal jargon. Our skills in negotiation and mediation mean that we are excellently placed to help you achieve consensus without the need for expensive, drawn-out court action. Should you have to go to court to obtain a settlement, our expertise in advocacy and litigation mean that you can be sure of the highest quality representation.
Our specialist divorce solicitors can provide comprehensive legal support on all divorce matters. Call Andersonbain today on 01224 456 789 for Aberdeen, 0131 228 2000 for Edinburgh, or click here.