Divorce Lawyers Falkirk

Divorce Lawyers in Falkirk

Rooney Family Law is a firm of accredited divorce and family law specialists with an office in the centre of Falkirk, on Vicar Street. Unlike the general high-street firms who handle a divorce between house sales and wills, family law is the only work we do — so your case is run by a solicitor who deals with Scottish divorce every day. We act for clients across Falkirk, Grangemouth, Larbert, Bo’ness and the wider Forth Valley, in person on Vicar Street or by telephone and video.

The first conversation is free: a fifteen-minute call to set out where you stand and the sensible next step. We do not offer legal aid, so please check your eligibility first if that is the route you need.

How divorce works in Scotland

There is a single ground for divorce in Scotland — that the marriage has broken down irretrievably. That breakdown is established in one of four ways: one year’s separation with your spouse’s consent, two years’ separation without consent, the defender’s adultery, or the defender’s unreasonable behaviour. A divorce can also follow the issue of an interim gender recognition certificate. Separation is by far the most common route, because it does not require anyone to attribute blame. Our grounds for divorce page explains each of these in full.

One point specific to Scots law, and an important one: the financial claims arising from your marriage must generally be resolved before the divorce is granted, because once decree is granted it is very difficult to bring a financial claim afterwards. Getting the finances right first is not a delay — it is what protects your position, and it is the part of a divorce where specialist advice earns its keep.

Simplified or ordinary — which applies to you

Scotland has two divorce procedures, and which one applies depends entirely on your circumstances.

If your situation is more complex — significant assets, a business, or international elements — that does not change the ground or the procedure, but it does change the work involved in the financial settlement. We handle high-net-worth divorce and cross-border divorce regularly, and we also deal with civil partnership dissolution, which follows an equivalent route.

What happens in a Falkirk divorce, step by step

The order matters. In Scotland the divorce decree is usually the final, straightforward step — the real work is the financial settlement and the arrangements for any children, which is why we resolve those first.

Finances, property and pensions on divorce

For most couples the divorce decree is the simple part — the substance is the fair division of what you built during the marriage. Under the Family Law (Scotland) Act 1985, the matrimonial property is generally shared fairly, which usually means equally unless there is good reason to depart from that. We advise on the family home and other property, savings and investments, business interests, and — often the most valuable and most overlooked asset — pensions.

Pensions matter especially across the Forth Valley, where public-sector and large-employer schemes are common: NHS Forth Valley, Falkirk Council, and the major employers around Grangemouth all run substantial schemes. A settlement that overlooks a pension share can cost far more than any fee saved. Our pensions and divorce page and our in-depth guide to pensions on divorce in Scotland explain how these are valued and divided. Where you reach agreement, the terms are recorded in a Minute of Agreement, which makes them binding.

Divorce involving children

Where there are children under 16, their welfare comes first and the divorce must use the ordinary procedure. Scots law speaks of residence — where a child lives — and contact — the time a child spends with each parent — rather than “custody”. Most arrangements work far better when agreed between parents than when imposed by a court, so agreement is always our first aim. We also advise on child maintenance and the wider range of children’s matters that arise on separation.

Settling out of court where possible

The great majority of divorces never need a contested hearing. Resolving matters by negotiation is faster, cheaper and far less stressful than litigation, and it keeps the decisions in your hands rather than the court’s. Where a more structured approach helps, we offer collaborative family law, in which both parties and their solicitors commit to reaching agreement without court. Where court is genuinely necessary — because the other side will not engage, or a child’s welfare requires it — you have an experienced specialist ready to act.

At Falkirk Sheriff Court

Clear, transparent fees

We publish our prices, which most Falkirk firms do not. Where your divorce is undefended and straightforward, we work to a single all-inclusive fixed fee, so you know the full cost from the outset.

Defended cases, and matters where finances or arrangements for children are still in dispute, are charged at our hourly rates in three-minute units rather than the six- to ten-minute blocks most firms use — so you pay for the time your case actually takes. Our fees page sets out the detail.

Why choose Rooney Family Law in Falkirk

Our Falkirk office

Jennifer Liddell, our solicitor based at the Falkirk office, advises on divorce and the full range of family law matters, supported by the firm’s team across our eight offices in Central Scotland.

Divorce in Falkirk — FAQs