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Divorce in Scotland

Divorce Scotland

Married people in Scotland can apply to a Scottish court for a divorce if their marriage has broken down "irretrievably" – that is, the relationship has come to an end and there is no prospect of the couple getting back together again.

There are four situations in which you can apply for a divorce in Scotland. These are:

  1. your spouse has committed adultery
  2. your spouse has behaved unreasonably towards you during the marriage such that you could not reasonably be expected to continue living with him/her
  3. you have been separated from your spouse for at least one year and your spouse consents to the divorce; and
  4. you have been separated from your spouse for at least 2 years, in which case the consent of your spouse is not required.

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.

Simplified Divorce Procedure (Scotland)

The simplified divorce procedure, sometimes called the "DIY Divorce" 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 at least one year (if both spouses want to be divorced) or at least two years (even if one spouse does not consent). The application is dealt with on paper by the local Sheriff Court.

easydivorce-scotland

easydivorce-scotland is an easy-to use process for applying for a simplified divorce. You can take our simple online questionnaire to see whether you are eligible

You can use the easydivorce 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

Visit the easydivorce process page to see how easydivorce-scotland.co.uk works

Financial Disputes

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.

So, 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.

If you are not eligible to use easydivorce-scotland, you may still be able to get a divorce, but you should seek advice from a solicitor. Some people who can't use easydivorce-scotland 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.

Children under 16

If you can't use the simplified divorce procedure, 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 solicitors for legal advice on all types of Family Law and Divorce