Divorce

We have vast experience in dealing with Divorce/Dissolution cases, contested or not.

There is one ground of Divorce, the irretrievable breakdown of marriage, which can be established by one of the following: –

  1. 1 year’s separation with the other spouse’s consent.
  2. 2 year’s separation without the other spouse’s consent.
  3. Adultery.
  4. Unreasonable behaviour.

There are two types of Divorce in Scotland. The first is a Simplified Divorce which you can use with grounds 1 and 2 above, only if there are no children under 16 and no financial matters left to resolve.

The Simplified process, as the name implies, is straight forward and relatively quick (standard time being 6-10 weeks). We charge £150 + VAT plus the court fee (£120 as at November 2016). If your spouse resides abroad and you have a foreign marriage certificate the process is slightly more complicated and expensive.

If you are unable to use the Simplified procedure you must seek an Ordinary Divorce.

Ordinary Divorce allows you to rely upon any of the 4 grounds mentioned previously. Grounds 1 and 2 are by far the most common, followed by unreasonable behaviour and adultery.

If there are disputes regarding children and/or financial matters it is best to try and negotiate these matters prior to having to raise Divorce proceedings.

Even if you have reached agreement regarding these matters one of you must raise a Ordinary Divorce as there are children under 16. The court must be satisfied that the care arrangements for the children are agreed and appropriate.

To discuss matters further please contact us

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