Simplified Divorce FAQs
Q. What are the grounds for divorce in Scotland?
Answer: All divorces are granted because of the irretrievable breakdown of a marriage but there are only certain ways that can be proved. The law outlines four circumstances which can satisfy the court that the marriage has broken down irretrievably: the party who wants a divorce has to prove that (1) the other spouse has committed adultery (2) the other spouse has behaved unreasonably; (3) the couple have been separated for one year and the other spouse consents to the divorce; or (4) the couple have been separated for 2 years, in which case the consent of the other spouse is not required.
Q. Will I have to go to court for a divorce?
Answer: Divorce is a court procedure but in the vast majority of cases there is no need to appear in court. This is because most people reach agreement on how any children are to be cared for, how assets and debts are to be divided up, and whether maintenance is to be paid. They often put this into a written separation agreement soon after the separation. Then the divorce can proceed by agreement at a later date.
Q. What is the simplified procedure for divorce?
Answer: In most cases divorce is dealt with in the local Sheriff Court for the couple or one of them. The simplified divorce procedure can be used where there are no children under 16 and no financial issues to be sorted out between spouses. The simplified procedure is a simpler and cheaper divorce procedure and it is available when a couple have been separated for one year (if both spouses want to be divorced) or two years (if only one spouse wants to be divorced). In this type of divorce it is not necessary to involve any witnesses, and there is no court appearance. The application is dealt with on paper.
Q. When can I use easydivorce-scotland.co.uk to obtain a divorce?
Answer: You can use our simple divorce procedure if
- You and/or your spouse are resident in Scotland and one or both of you has resided at your current address in Scotland for at least six weeks
- You know your spouse's current address (the court needs to write to your spouse)
- Your spouse doesn't suffer from a mental disorder or learning difficulty
- You have been separated from your spouse for
- more than one year, and your spouse will sign a consent to divorce
- more than two years, and your spouse will not object to divorce
- There are no children of the marriage under the age of 16 years
- There are no financial disputes between you and your spouse
You can use our simple online questionnaire to see whether you are eligible
Visit the process page to see how easydivorcescotland.co.uk works
Q. What happens when I submit the divorce application to the court?
Answer: The court will send notification to your spouse that you have applied for divorce. If the letter cannot be delivered by recorded delivery letter, the court may decide to use Sheriff Officers to deliver the letter. If this happens, you will have to pay a fee of £10 to the court.
If your spouse cannot be contacted or should object in any way, then the court will not grant the application and any fees you have paid will not be refunded. You should therefore be sure before you apply that you have your spouse's correct postal adddress and that your spouse will not object to the divorce.
After allowing 21 days for your spouse to object, provided there is no objection the court will process your divorce. This usually takes about four weeks altogether. The court will then send you your decree of divorce. One will also be sent to your spouse.
Q. What if I have a financial disagreement with my spouse?
Answer: You can't use the simplified divorce procedure unless you and your spouse have already agreed how to divide up all of your assets. This means all property such as a house, household contents and furnishings, pensions, savings, investments, insurance policies or anything else belonging to either or both of you during the course of your marriage. You should also think about whether you have agreed how any debts are to be paid off.
If you use the simplified divorce procedure, you can't make any claim for maintenance (i.e. regular payment of money to support you financially) from your spouse.
If you use the simplified divorce procedure, you can't make any claim for a one-off payment of money from your spouse (for example, if you think you might be entitled to a share of the value of any of the assets mentioned above). Once divorce is granted, any right you may have to make such a claim is lost for ever.
You need to resolve your differences before using the simplified divorce procedure. You may need the help of a solicitor to draw up a Separation Agreement (also called a Minute of Agreement) which sets out the agreement in writing. Once it has been signed, there are no financial disputes and you can use the simplified divorce procedure.
Q. What can I do if I can't use easydivorce-scotland.co.uk?
Answer: You may still be able to get a divorce, but you should seek advice from a solicitor. Some people who can't use easydivorce can still use the simplified divorce procedure, but their circumstances are not compatible with our process. So it is worth asking a solicitor if you can use the simplified procedure.
If you can't use the procedure because of a financial dispute with your spouse, you may need to consult a solicitor. We recommend Stevenson & Marshall solicitors for legal advice on all types of Family Law and Divorce.
Otherwise, you may be able to apply for a divorce using the full court procedure. This would apply if you have children under 16, if there are financial disputes with your spouse which can't be resolved, or if you want to apply for divorce on the grounds of adultery or unreasonable behaviour. You would need to consult a solicitor in these circumstances. We recommend Stevenson & Marshall
Q. Is divorce guaranteed to be granted if I use the simplified divorce procedure?
Answer: If your spouse cannot be contacted or if your spouse should object to divorce in any way, then the court will not grant the application and any fees you have paid will not be refunded. You should therefore be sure before you apply that you have your spouse's current postal address and that your spouse will not object to the divorce.
Provided you have answered the easydivorcescotland.co.uk questionnaire truthfully, the application should be successful.