Ordinary divorce is the standard court procedure in Scotland, used wherever the simplified route is not available. That covers most people: anyone with children under sixteen, anyone with finances still to resolve, and anyone founding on behaviour rather than separation. Our fee for a straightforward undefended ordinary divorce is £1,550, all in.
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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
The divorce itself is rarely the hard part. The finances are, and in Scotland all financial claims must be made before decree is granted. Once the divorce is through you cannot return to court for more.
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.
Fixed Fee Undefended
£1,550 all in, covering court fees and outlays.
Which Route Applies to You
Ending a marriage in Scotland follows one of two routes.
A form-based route with no hearing, available only where the ground is separation, there are no children of the marriage under sixteen, and there are no financial claims. Our fee is £550, all in.
Ordinary procedure
Everything else. It divides into undefended cases, where your spouse does not oppose the divorce, and defended cases, where they do. Most ordinary divorces are undefended.
Undefended does not mean uncontested finances. A divorce is undefended when your spouse does not oppose the divorce itself. The financial settlement is usually negotiated separately and recorded in a Minute of Agreement before the action is raised. That is the normal and cheapest sequence.
The Undefended Process, Step by Step
Your solicitor manages the whole process and you will rarely, if ever, need to attend court. Most undefended cases conclude within three to four months.
Prepare and lodge the initial writ
We prepare the divorce application and lodge it at the appropriate sheriff court. We need the original marriage certificate, and the birth certificate for any children of the marriage.
The court authorises service
The court reviews the application and grants warrant for service on your spouse.
Formal service
Sheriff officers formally serve the writ on your spouse, or it is served by post where appropriate.
The period of notice
Your spouse has twenty-one days from receipt, where they are within the United Kingdom, to lodge a Notice of Intention to Defend. In most cases they do nothing, which is all that is needed.
Affidavits
Once the period expires without opposition, we prepare sworn affidavits for you and for a witness, usually a friend or relative who can speak to the breakdown of the marriage. No court appearance is required.
Decree and extract
The sheriff grants decree, and an extract decree is issued once the appeal period has passed. That extract is your proof of divorce and you will need it if you remarry.
What It Costs
£1,550 all in for a straightforward undefended ordinary divorce. That covers the whole process from application to final decree, including court fees and outlays, and gives you certainty at an otherwise unpredictable time.
It applies to straightforward undefended cases. Where complications arise we discuss any additional cost with you before the work is done, never afterwards.
Negotiating the financial settlement is separate work, as is a defended action. Both are charged on a time basis, in three-minute units rather than the six-minute units many firms use. Read more about our divorce fees and pricing.
When a Divorce Becomes Defended
A divorce becomes defended when your spouse lodges a Notice of Intention to Defend and opposes some aspect of the action. That changes the timescale, the complexity and the cost, and court appearances become likely as matters require judicial determination. Defended cases often run for many months, and occasionally longer.
Defended cases cannot be offered on a fixed fee, because they are unpredictable by nature. Work is charged on a time basis, in three-minute units rather than the six-minute units many firms use, so short items of work are rounded up by less. We keep you informed of cost as matters progress and look for opportunities to resolve things by negotiation rather than prolonged litigation.
It is worth saying plainly that a defended divorce is usually a poor investment. In the great majority of cases the money spent arguing exceeds the difference in outcome, and the sensible course is to establish early whether the dispute is genuinely worth having.
Where ongoing support is in question, our guide to spousal maintenance in Scotland sets out how aliment and periodical allowance work.
Children and Financial Matters
Disputes about children often sit at the heart of a defended action: residence, meaning where the children live, and contact, meaning the time they spend with the other parent. These are decided on the welfare of the child as the paramount consideration, and our children and family law section deals with them in detail.
On the financial side, matrimonial property is identified and valued at the relevant date, usually the date of separation, and the starting point is fair sharing. Pensions built up during the marriage are included and are frequently the largest asset. Our page on financial provision sets out how this works.
Sequence matters. Financial claims must be made before decree of divorce is granted. Once the divorce is through, they are extinguished. In practice that means the finances are settled first, recorded in a Minute of Agreement, and the divorce follows.
For the wider picture, including financial provision and children, see our guide to divorce in Scotland.
Resolving Matters by Negotiation
Most cases settle. Each spouse takes independent advice, the solicitors negotiate, and the outcome is recorded in a Minute of Agreement which can be registered for preservation and execution. Where direct negotiation stalls, family mediation, collaborative practice or arbitration may resolve matters without a proof.
Sheriffs expect parties to have made a genuine attempt to resolve matters, and a party who has plainly refused to engage may find that counts against them.
Common Questions About Ordinary Divorce
How much does an undefended divorce cost in Scotland?
Our fee for a straightforward undefended ordinary divorce is £1,550, all in, covering the process from application to final decree including court fees and outlays. Where the simplified procedure applies instead, our fee is £550. Negotiating a financial settlement is separate work charged on a time basis.
How long does an ordinary divorce take?
Most undefended cases conclude within three to four months. A defended action, or one where the finances are heavily disputed, can take a year or longer.
Will I have to go to court?
In an undefended ordinary divorce you will rarely, if ever, need to attend. Evidence is given by sworn affidavit rather than in person. Court attendance becomes likely only if the action is defended.
What is the difference between simplified and ordinary divorce?
Simplified divorce is a form-based procedure available only where the ground is separation, there are no children of the marriage under sixteen, and there are no financial claims. Ordinary divorce is used in every other case, including where there are younger children or finances still to resolve.
Does undefended mean we agree about everything?
No. Undefended means your spouse does not oppose the divorce itself. The financial settlement is normally negotiated separately and recorded in a Minute of Agreement before the action is raised, which is both the usual and the cheapest sequence.
Who can be my affidavit witness?
Usually a friend or relative who has known you both and can speak to the breakdown of the marriage. They do not need to attend court, and we prepare the affidavit for them to swear.
What happens if my spouse ignores the papers?
That is the ordinary course of an undefended divorce and causes no difficulty. Once the period of notice expires without a Notice of Intention to Defend, we proceed to affidavits and decree.
Can I get divorced if my spouse will not agree?
Yes. Consent is only needed where the ground is one year’s separation. You can proceed on two years’ separation without consent, or on unreasonable behaviour, which requires no period of separation at all.
From our own files. An ordinary undefended divorce typically takes three to five months, much the same as a simplified divorce, and our fee is £1,550, all in.
Where one party lives abroad the timescale extends, sometimes considerably, because of the requirements for service. Costs also rise, since translation and process servers may be required. We will tell you at the outset if your circumstances are likely to fall into that category.
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.
Ordinary divorce actions are raised in the sheriff court for the area where you live. You can read more about how we handle these through our Glasgow divorce team and our Edinburgh divorce team, and our Stirling divorce team.
Speak to a Divorce Solicitor
Tell us your circumstances and we will tell you which procedure applies, what the likely timescale is, and exactly what it will cost. Free initial telephone call of approximately 10–15 minutes.
