Divorce Lawyers Scotland – Expert Scottish Divorce Solicitors

Looking for experienced divorce lawyers in Scotland? Our Law Society accredited specialists understand Scottish divorce law inside out, with 8 offices nationwide providing local expertise when you need it most.

Why Choose Rooney Family Law as Your Divorce Lawyers in Scotland?

As our name suggests, we ONLY practise Family Law. When dealing with crucial issues affecting your financial future and family, you deserve divorce lawyers in Scotland who specialise exclusively in this area and practise it every day. Unlike general solicitors, our Scottish divorce lawyers focus solely on family law matters.

Unlike general practice solicitors who might handle a divorce occasionally, our divorce lawyers in Scotland work exclusively in family law. This specialisation means we’re always up-to-date with the latest legislation, case law, and best practices in Scottish divorce proceedings. We also handle child custody matters, cohabitation disputes, and protective orders with the same expertise.

Scottish Divorce Law – What Makes It Different

Divorce lawyers in Scotland navigate a unique legal system that differs significantly from England and Wales. Understanding these differences is crucial for achieving the best outcome in your divorce. Scottish divorce solicitors must be well-versed in Scots law, which has distinct principles and procedures.

Key Differences in Scottish Divorce Law

Aspect	Scotland	England & Wales
Grounds for Divorce	1 year separation (with consent) 2 years (without consent)	2 years separation (with consent) 5 years (without consent)
Financial Claims	Must be made with divorce	Can be made after divorce
Matrimonial Property	Defined as acquired during marriage	All assets considered
Maintenance	Limited to 3 years usually	Can be lifelong

Grounds for Divorce in Scotland – What Scottish Divorce Lawyers Need to Prove

Our divorce lawyers in Scotland can advise on all grounds for divorce. Each ground has specific requirements that divorce solicitors must establish:

The Divorce Process in Scotland – Step by Step Guide by Expert Divorce Lawyers

Our Scottish divorce lawyers guide you through every stage of the process. Here’s what to expect when you instruct divorce solicitors in Scotland:

Financial Settlements in Scottish Divorces – Expert Guidance from Divorce Solicitors

Financial settlements are often the most complex aspect of divorce. Our divorce lawyers in Scotland are experts in achieving fair outcomes under Scottish law’s unique principles. Scottish divorce solicitors must understand the nuances of matrimonial property division.

The Principle of Fair Sharing – How Divorce Lawyers Scotland Approach Division

Scottish law presumes matrimonial property should be shared fairly (usually equally). Our divorce solicitors will identify what constitutes matrimonial property:

What’s NOT Matrimonial Property

• Assets owned before marriage
• Inheritances received during marriage
• Gifts from third parties
• Assets acquired after separation date

Pension Division in Scotland – Complex Area for Divorce Lawyers

Our divorce lawyers pay special attention to pensions, which are often overlooked but can be worth more than the family home:

• Pension Sharing Orders – transferring part of pension to spouse
• Pension Earmarking – rare in Scotland
• Offsetting – keeping pension but giving other assets
• Cash Equivalent Transfer Values (CETV) – we ensure accurate valuations

For detailed information about pension division, visit our pensions and divorce page where our specialist divorce lawyers explain the options.

Spousal Maintenance (Aliment) in Scotland

Unlike England, spousal maintenance in Scotland is usually:

• Limited to maximum 3 years post-divorce
• Only awarded if justified by principles in Family Law Act
• Can be capitalised as lump sum
• Separate from child maintenance

Children and Divorce in Scotland – Priority Focus for Divorce Lawyers

Where children are involved, our divorce lawyers in Scotland ensure their welfare remains paramount throughout proceedings. Scottish divorce solicitors have special responsibilities when children are affected by divorce.

Residence and Contact Arrangements

Our Scottish divorce lawyers help parents agree:

• Primary Residence – where child lives mainly
• Contact Schedule – time with non-resident parent
• Holidays and Special Occasions
• Decision Making – education, medical treatment, etc.

Child Maintenance

Calculated through:

• Child Maintenance Service (CMS) – statutory calculation
• Private family-based arrangements
• Court orders in specific circumstances
• Additional expenses – school fees, activities, etc.

When Parents Can’t Agree

If agreement impossible, our divorce lawyers can seek:

• Residence Orders
• Contact Orders
• Specific Issue Orders
• Interdict Orders (preventing actions)

For more information on children’s matters, visit our dedicated children and family law section.

Types of Divorce We Handle – Specialist Scottish Divorce Lawyers

Our divorce lawyers in Scotland have expertise across all types of divorce proceedings:

High Net Worth Divorces

Complex financial cases require specialist expertise. Our divorce lawyers handle:

• Multiple property portfolios
• Business valuations and division
• Trust structures and inherited wealth
• International assets and offshore accounts
• Tax-efficient settlements
• Reputation management and confidentiality

Learn more on our high net worth divorce page.

International Divorces

Cross-border divorces present unique challenges. We assist with:

• Jurisdiction disputes – which country’s courts should hear the case
• International asset tracing and valuation
• Enforcement of foreign court orders in Scotland
• International child abduction cases (Hague Convention)
• Relocation applications

Civil Partnership Dissolution

Our divorce lawyers provide identical expertise for dissolving civil partnerships:

• Same legal process as divorce
• Identical financial principles apply
• Equal expertise and sensitivity
• Full respect for all relationships

Military Divorces

Service personnel face unique challenges. Our specialist divorce lawyers understand:

• Armed Forces Pension Schemes
• Overseas postings and jurisdiction
• Service Family Accommodation issues
• Continuity of children’s education
• Forces Help to Buy scheme implications

Alternative Dispute Resolution – Modern Approaches by Divorce Lawyers Scotland

Our divorce lawyers in Scotland are trained in alternatives to court proceedings, often achieving better outcomes for families:

Collaborative Law

A revolutionary approach where divorce lawyers and clients work together:

• Both parties and lawyers sign agreement to avoid court
• Series of four-way meetings to resolve all issues
• Other professionals (financial advisors, child specialists) can join
• If court proceedings start, collaborative lawyers must withdraw
• Maintains relationships and reduces conflict

Mediation

An impartial mediator helps you reach agreement:

• Mediator facilitates discussions but doesn’t advise
• Lawyers provide legal advice separately
• More cost-effective than court proceedings
• You maintain control over outcomes
• Particularly beneficial where children involved

Arbitration

A private judge makes binding decisions:

• Choose your arbitrator (often retired judges)
• Faster than waiting for court dates
• Completely confidential proceedings
• Binding decisions with limited appeal rights
• More flexible than court timetables

Common Concerns Our Divorce Lawyers Address

Will I Lose My Home?

Not necessarily. Our divorce lawyers in Scotland explore options including:

• Transfer to one party with offsetting payment
• Sale and division of proceeds
• Deferred sale until children older
• One party buying out the other

How Long Will Divorce Take?

Timescales vary considerably:

• Simplified procedure: 6-8 weeks
• Undefended with agreement: 4-6 months
• Defended/complex cases: 12-18 months
• Our divorce lawyers work to minimize delays

Can I Get Divorced Without My Spouse’s Agreement?

Yes, in certain circumstances:

• After 2 years separation (no consent needed)
• Based on unreasonable behaviour
• Our lawyers advise on the best approach

What About My Pension?

Pensions are matrimonial property in Scotland. Options include:

• Pension sharing order (clean break)
• Offsetting against other assets
• Proper valuation essential – we arrange this

Why Scottish Divorce Law Requires Specialist Knowledge

Our divorce lawyers in Scotland see many clients who’ve received poor advice from non-specialist solicitors. Scottish family law is unique:

The Relevant Date

In Scotland, the “relevant date” (usually date of separation) is crucial because:

• Defines what’s matrimonial property
• Values are taken at this date
• Post-separation acquisitions excluded
• Different from England where all assets considered

Five Principles of Financial Provision

Scottish divorce lawyers must consider:

1. Fair sharing of matrimonial property
2. Fair account of economic advantages/disadvantages
3. Sharing economic burden of childcare
4. Dependence to reasonable extent for maximum 3 years
5. Reasonable adjustment from financial dependence

No Continuing Financial Claims

Unlike England, in Scotland:

• All financial claims must be made in divorce
• Cannot return to court later for more
• Clean break strongly preferred
• Crucial to get it right first time

Our 8 Scottish Office Locations – Divorce Lawyers Near You

With 8 offices across Scotland, our divorce lawyers provide local expertise wherever you are. Each office has specialist Scottish divorce solicitors ready to help:

Our Divorce Lawyers’ Commitment to You

When you choose Rooney Family Law as your divorce lawyers in Scotland, you receive:

Frequently Asked Questions – Divorce Lawyers Scotland

Do I need a divorce lawyer in Scotland if we agree on everything?

While you can handle simple divorces yourself, our divorce lawyers ensure all aspects are covered, preventing future problems. Even agreeable divorces have complex elements like pensions that are easily overlooked. Visit our simplified divorce page for more information.

Can I use an English divorce lawyer for my Scottish divorce?

No. Scottish law is completely different. You need divorce lawyers qualified in Scots law. English solicitors cannot represent you in Scottish courts.

How do I choose the right divorce lawyer in Scotland?

Look for Law Society accreditation, family law specialisation, transparent fees, and local knowledge. Our divorce lawyers tick all these boxes across our 8 Scottish offices.

What should I bring to my first meeting with divorce solicitors?

Marriage certificate, recent financial statements, property valuations, pension statements, and a list of questions. Our divorce lawyers will guide you on anything else needed.

Can divorce lawyers help with unmarried separation?

Yes. While the law differs for cohabitants, our family law expertise covers all relationship breakdowns. Time limits apply for cohabitant claims in Scotland. See our cohabitation page for details.

What’s the difference between divorce lawyers and divorce solicitors?

In Scotland, the terms are used interchangeably. Both refer to qualified legal professionals who can represent you in divorce proceedings. All our team members are qualified solicitors and accredited family law specialists.

Take the First Step with Confidence – Contact Divorce Lawyers Scotland Today

Choosing the right divorce lawyers in Scotland is crucial for your future. With 8 offices across Scotland, Rooney Family Law provides the expert, caring support you need during this challenging time. Our Scottish divorce solicitors are ready to help.

From our offices in Livingston, Glasgow, Edinburgh, Stirling, Falkirk, Uddingston, and East Kilbride, we’re here to guide you through every step of your divorce with expertise, understanding, and dedication to achieving the best possible outcome for your future. Learn more about grounds for divorce in Scotland, or check our transparent fee structure. Whatever your situation, our specialist divorce lawyers in Scotland are here to help.

best possible outcome for your future.