Divorce in Scotland works differently from the rest of the United Kingdom, and the differences matter to your finances. Matrimonial property is defined more narrowly, financial claims must be made before the divorce is granted, and ongoing maintenance is far more limited. Rooney Family Law practises family law exclusively, and our accredited specialists act for clients throughout Scotland.
Call 0800 779 7848 for a free initial telephone call of approximately 10–15 minutes, or send us a message and we will call you back.
Legal review: Brian Rooney, Managing Partner and Law Society of Scotland Accredited Specialist in Family Law. Last reviewed: 20th July 2026.
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Why Instruct Rooney Family Law
In Scotland you generally get one opportunity to settle the finances. Claims must be made before decree, and you cannot return to court later for more. That single feature is why specialist advice matters more here than south of the border.
Family Law Only
Family law is not one of the things we do. It is the only thing we do.
Accredited Specialists
Accredited by the Law Society of Scotland as Specialists in Family and Child Law.
Three-Minute Units
We bill in three-minute units rather than the six-minute units many firms use.
Grounds for Divorce in Scotland
There is only one ground for divorce in Scotland: that the marriage has broken down irretrievably. Under the Divorce (Scotland) Act 1976, irretrievable breakdown is established by proving one of four facts. A divorce may also be granted where an interim gender recognition certificate has been issued to either party.
One year’s separation, with consent
You have lived apart for at least a year and your spouse consents to the divorce. This is the most commonly used route.
Two years’ separation, without consent
You have lived apart for at least two years. Your spouse’s consent is not required.
Adultery
Rarely relied upon now, given the separation routes. It cannot be founded on where you have continued to live together after learning of it.
Unreasonable behaviour
Behaviour such that you cannot reasonably be expected to continue living together. There is no need to wait for a separation period.
Living apart does not always mean living at different addresses. It is possible, though harder to evidence, to be separated while still under the same roof. Read more on our grounds for divorce page.
What Makes Scots Divorce Law Different
Advice given under the law of England and Wales does not transfer. Four features of Scots law shape almost every case.
The relevant date
Matrimonial property is valued at the relevant date, which is usually the date of separation rather than the date of divorce. Assets acquired after that date are generally left out of the pot. Fixing the relevant date correctly is often the single most valuable piece of early advice in a case.
What counts as matrimonial property
Only property acquired during the marriage, and before the relevant date, is matrimonial property. Assets owned before the marriage, inheritances and gifts from third parties are generally excluded, though they can be drawn in if they have changed form or been mixed with joint funds.
Financial claims must be made before decree
Once the divorce is granted, the financial claims are gone. You cannot come back to court later for a further share. This is the reason it is worth getting the financial side right before the divorce is finalised rather than afterwards.
Ongoing maintenance is limited
Scots law favours a clean break. Where periodical allowance is awarded to help a spouse adjust after divorce, it is generally limited to a period of up to three years, and lifelong maintenance is rare.
The Five Principles of Financial Provision
Financial settlements are worked out by applying the principles in section 9 of the Family Law (Scotland) Act 1985. In summary, the court looks at:
- fair sharing of the net value of the matrimonial property, which usually means equal sharing unless there are special circumstances;
- fair account of any economic advantage one party derived from the other’s contributions, and any economic disadvantage suffered in the interests of the other or of the family;
- fair sharing of the economic burden of caring for a child under sixteen;
- support for a party who has been substantially dependent on the other, for a period of up to three years after divorce;
- relief for a party who is likely to suffer serious financial hardship as a result of the divorce.
Most cases turn on the first principle. The others matter in specific situations, for example where one spouse gave up a career to raise children, or where one party funded the deposit on the family home from pre-marital savings.
Dividing the Finances
The family home
Usually the largest single asset, and matrimonial property regardless of whose name is on the title if it was bought during the marriage as a family home.
Pensions
Often worth more than the house, and the most commonly under-valued asset in a settlement. The proportion referable to the marriage is what counts.
Savings and investments
Valued at the relevant date, including accounts held in one name alone.
Business interests
A company or partnership interest built up during the marriage will usually need to be valued by an accountant.
Even family pets are treated as property rather than as family members, which can make deciding who keeps them surprisingly contentious. Our guide to pets and divorce explains how this is handled.
Pensions on divorce
There are three usual approaches: a pension sharing order, which transfers a percentage of one pension into a pension for the other spouse and achieves a clean break; offsetting, where one spouse keeps the pension and the other receives more of another asset; and, rarely in Scotland, earmarking. Accurate valuation matters, and the transfer value quoted by a scheme is not always the right figure to use. Read our guide to pensions on divorce in Scotland.
Aliment and periodical allowance
Aliment is support payable while the marriage subsists. Periodical allowance is support after divorce, and is limited in the ways described above. Child maintenance is dealt with separately, usually through the Child Maintenance Service rather than the court. See our page on child maintenance in Scotland.
The Divorce Process, Step by Step
Most divorces in Scotland are undefended, and most of the work is in agreeing the finances rather than in the divorce itself.
First discussion
We establish the relevant date, identify what is likely to be matrimonial property, explain your options, and give you a realistic view of outcome and cost.
Gathering the financial information
Marriage certificate, property valuations, mortgage statements, pension transfer values, bank and investment statements, and business accounts where relevant, all taken as at the relevant date.
Negotiation
Most cases settle by negotiation between solicitors and are recorded in a Minute of Agreement. Reaching agreement before raising the action keeps costs down substantially.
Raising the action
An initial writ is lodged in the sheriff court and served on your spouse, who has a period of notice in which to lodge a Notice of Intention to Defend. In an undefended action, nothing further is usually required from them.
Evidence and decree
In an undefended divorce, evidence is normally given by written affidavit rather than by attending court. The sheriff grants decree once satisfied.
Extract decree
An extract decree is issued once the appeal period has passed. That document is your proof of divorce, and you will need it if you remarry.
Simplified divorce, £550 all in. If you have no children under sixteen, there are no financial claims to resolve, and you are separated by one year with consent or two years without, you can use the simplified procedure. It is a form-based process with no court appearance, and our all-inclusive fee is £550.
The catch worth understanding is that simplified divorce deals with the marriage only. If there is a house, a pension or savings to sort out, those claims are extinguished on divorce, so they must be settled first. Read more on our simplified divorce page.
Children and Divorce
The divorce itself does not decide arrangements for children. Married parents both hold parental responsibilities and rights, and those continue after divorce. Where arrangements are agreed, they can be recorded in the Minute of Agreement. Where they are not, either parent can apply to the court for a residence order, a contact order, or a specific issue order to settle a single question.
In every decision about a child, the welfare of the child is the paramount consideration. Scottish courts must give the child an opportunity to express a view and must have regard to any view expressed, taking account of the child’s age and maturity. Following the Children (Scotland) Act 2020, this applies to all children capable of forming a view, not only those aged twelve or over.
Our children and family law section covers residence, contact and parental responsibilities in detail, and many people searching for child custody and access will find those pages deal with the same questions under their proper Scottish names.
Resolving Matters Without Court
Court is the last option, not the first. Three alternatives are worth considering.
Solicitor-led negotiation
The most common route. Each spouse takes independent advice and the solicitors negotiate, with the outcome recorded in a Minute of Agreement.
Mediation
An impartial mediator helps you reach your own agreement. The mediator does not advise either of you, so you each still take legal advice alongside it. Relationships Scotland provides family mediation across the country.
Collaborative practice and arbitration
In collaborative practice, both parties and their solicitors commit in writing to resolving matters without court. In family arbitration, you jointly appoint an arbitrator to decide, which can be faster and more private than waiting for court dates.
Our Fees
The divorce itself is fixed price. The financial side varies, because no two settlements are the same.
£550
Simplified divorce
All in. No children under sixteen and no financial claims outstanding.
£1,550
Ordinary undefended divorce
All in. The standard route where the simplified procedure is not available.
Negotiating a financial settlement, drafting a Minute of Agreement or dealing with a defended action is charged on a time basis in three-minute units rather than the six-minute units many firms use, with a clear estimate given at the outset and revised as matters develop. Read more about how our fees work.
For a full walk-through of the whole process from first steps to decree, see our comprehensive guide to divorce in Scotland.
Common Questions About Divorce in Scotland
How much does a divorce cost in Scotland?
Our simplified divorce fee is £550, all in. Our ordinary undefended divorce fee is £1,550, all in. Where there are financial matters to resolve, that work is charged separately on a time basis in three-minute units, and we give you a clear estimate at the outset.
How long does a divorce take in Scotland?
A simplified divorce is usually a matter of weeks. An undefended divorce where the finances are already agreed typically takes a few months. A defended action, or one where the finances are heavily disputed, can take a year or more.
Do I need a solicitor if we agree on everything?
Not always, but the financial side is where people come unstuck. In Scotland all financial claims must be made before decree is granted, and once the divorce is through you cannot return to court. Pensions in particular are commonly overlooked. Even in an amicable case it is worth having the agreement checked before it is signed.
Can I use an English solicitor for a Scottish divorce?
No. Scots family law is a separate system with different rules on matrimonial property, valuation dates and maintenance, and a solicitor must be qualified in Scotland to act in the Scottish courts.
Can I get divorced without my spouse agreeing?
Yes. Irretrievable breakdown can be established by two years’ separation without your spouse’s consent, or by unreasonable behaviour, which does not require a period of separation at all.
What is the relevant date and why does it matter?
The relevant date is normally the date you separated. Matrimonial property is identified and valued at that date, so assets acquired afterwards are generally excluded. Establishing it correctly can make a substantial difference to the settlement.
What happens to the family home?
It depends on the equity, the wider settlement and whether children are involved. The usual options are a transfer to one spouse with an offsetting payment, a sale and division of the proceeds, one spouse buying the other out, or a deferred sale until the children are older.
Where We Act
We act for clients throughout Scotland, with offices and consultation locations across central Scotland and appointments available by telephone and video. Find your nearest team: Glasgow, Edinburgh, Hamilton, East Kilbride, Falkirk, Stirling, Livingston and Lanarkshire. Full addresses and appointment details are on our locations page.
Most divorces in Scotland are settled by agreement before the divorce itself proceeds. Our separation agreement solicitors page explains how we prepare and register that agreement, and what it costs.
What Our Clients Say
The decision to instruct Rooney family law was one of the best decisions I have made.
Excellent guidance, advice, professionalism and reassurance throughout.
It has been important to be able put my trust in someone at such an important and difficult time in my life.
Everyone has been supportive and helpful throughout.
I would not hesitate to recommend your services.
Thanks to Brian Rooney and all the wonderful staff in Uddingston.
Thank you once again
I hope I never have to use a family lawyer again, but if I did I wouldn’t hesitate to use Rooney Family Law and can’t recommend them highly enough.
Wonderful!! Thank you Rooney Family.
Our divorce work is handled from offices and consultation locations across central Scotland. If your case is likely to call in either city, you can read more about our divorce lawyers in Glasgow or our divorce lawyers in Edinburgh.
Speak to a Divorce Solicitor
Whether you want to know where you stand or are ready to start, we will give you a straight answer on outcome, timescale and cost. Free initial telephone call of approximately 10–15 minutes.
