Fifty of the questions we are asked most, answered plainly under Scots law. Divorce, separation, children, cohabitation, finances and procedure — each answer is a starting point, and where your circumstances need more than a paragraph, the linked guides go deeper.
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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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Our Scottish Family Law FAQs hub collects the most common questions our accredited solicitors are asked about divorce, separation, cohabitation, children, finances, pensions and the court process. Use the jump links below or open the accordions for clear, plain-English answers. For tailored advice, contact us.
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Divorce in Scotland — Key FAQs
More: Divorce • Simplified Divorce
How long does a divorce take?
Simplified (undefended) divorces are usually the quickest route if you meet the strict criteria and there are no live claims about finances or children. Once papers are accepted, it can conclude in a few months. Ordinary divorces take longer because the court may need to regulate finances and/or child arrangements first. We’ll advise which route fits your situation so the process is efficient and secure. See Divorce and Simplified Divorce.
What’s the difference between simplified and ordinary divorce?
With a simplified divorce, you confirm the marriage has broken down permanently and there are no financial or child claims to resolve. Ordinary divorce is used where finances/children must be addressed by agreement or court order. Ordinary cases allow protective steps (e.g., pension sharing orders) before decree is granted, which is usually safer when assets or child issues exist. See Divorce.
What are the grounds for divorce in Scotland?
Irretrievable breakdown is proved by one year’s separation with consent or two years without consent. Adultery and unreasonable behaviour can also establish breakdown. We’ll advise on the most appropriate ground and any evidence required; often separation grounds are the most straightforward in practice. More at Divorce.
Do I need to sort finances before decree?
Usually, yes. If decree is granted before a financial settlement or order, you can lose certain claims. In ordinary divorce we typically resolve finances first—by negotiated agreement or, if necessary, by asking the court to determine property division and pension sharing—so your position is protected. See Financial Provision.
Can my spouse block the divorce?
They can delay by defending or by disputing finances/child issues, but if a ground is established the divorce cannot be blocked indefinitely. Strategic route-planning (simplified vs ordinary) helps keep matters moving while safeguarding your financial claims. See Divorce.
Do I have to attend court?
Not usually for simplified divorces. For ordinary divorces, attendance may be needed if issues are disputed and proceed to hearings. Many cases settle on paper or at short procedural hearings without a full proof. We’ll keep appearances to the minimum necessary. See Divorce.
What if my spouse won’t sign anything?
You can still proceed. The court can grant decree where grounds are met. For finances, the court can regulate division even if agreement proves impossible. We’ll advise on evidential steps and interim protections. See Divorce and Financial Provision.
Separation
More: Financial Provision • Legal Guides
What is a separation agreement?
A separation agreement sets out who keeps the home, how equity is handled, what happens with savings, debts and pensions, and whether ongoing support is payable. It brings certainty, reduces scope for later disputes, and is typically faster and less stressful than litigating. Proper drafting and clear disclosure are key to enforceability. See Financial Provision.
Is it legally binding?
Yes—if properly prepared and fair at the time it was made. Agreements can be registered for execution, giving teeth for enforcement. They can be challenged in limited circumstances (e.g., clear unfairness or material non-disclosure), so robust drafting and advice at the time are vital. See Financial Provision.
What is the “relevant date” and why does it matter?
The relevant date is usually when you stopped living together as spouses. It’s pivotal because most matrimonial property is valued as at that date. Getting the date right—and having sensible, verifiable valuations—keeps negotiations focused and fair. See Legal Guides and Financial Provision.
Can we separate without going to court?
Yes. Many couples resolve everything through negotiation and a registered separation agreement. Court becomes necessary if negotiations fail, urgent protective orders are needed, or legal deadlines are looming. We’ll advise on route, timing and risk. See Financial Provision.
Can a separation agreement be changed later?
Generally it’s final. It may be reduced (set aside) in limited cases—e.g., serious unfairness, pressure, or material non-disclosure. We therefore ensure agreements are balanced, well-evidenced and future-proofed where possible. See Financial Provision.
Cohabitation
More: Cohabitation • Financial Provision
Do cohabitants have the same rights as spouses?
No. Cohabitants have specific statutory rights, but these are narrower than those for married couples/civil partners. Claims often focus on economic advantage/disadvantage during the relationship and can be evidence-heavy. Early advice is crucial. See Cohabitation.
Is there a time limit to claim after we separate?
Yes—strict time limits apply after separation, and they are short. Missing the window can be fatal to the claim. If you think a claim may exist, take advice immediately so protective steps can be considered. See Cohabitation.
What happens to the home?
It depends on legal title and contributions. Cohabitants can claim for economic disadvantage or the other’s corresponding advantage. Valuations and bank evidence help frame a realistic negotiation. See Cohabitation and Financial Provision.
Should we sign a cohabitation agreement?
Often yes. A written agreement can set expectations around property, deposits, mortgage payments and what happens if you separate. It can dramatically reduce cost and conflict later. See Financial Provision.
Do cohabitants inherit automatically?
No. Intestacy rights differ markedly from spouses. If you are cohabiting, up-to-date wills and life cover nominations matter. We’ll explain how this interacts with separation and any potential claims. See Cohabitation.
Children & Contact
More: Child Law
How are residence and contact decided?
The child’s best interests are paramount. Many families agree arrangements by negotiation or mediation. Where agreement isn’t possible, the Sheriff Court can regulate residence and contact by orders tailored to the child’s needs. Practicality, routine, school and the child’s views (where appropriate) are all weighed. See Child Law.
Will my child’s views be heard?
Yes, where appropriate. From around age 12 a child’s views are often sought, but younger children may also be heard depending on maturity. The court decides how views are taken (e.g., a child welfare reporter) to minimise stress. See Child Law.
What if a parent refuses contact?
The other parent can ask the court to regulate contact. The court will consider safety, consistency and the child’s welfare, and can make interim orders while matters are investigated. Prompt advice helps reduce disruption. See Child Law.
Can I relocate with my child?
Relocation usually requires the other parent’s consent or a court order. The court considers the child’s welfare, reasons for the move, education, family ties and proposals for maintaining relationships. Planning and evidence are key. See Child Law.
Do grandparents have contact rights?
Grandparents can apply for contact orders. The question is always what best serves the child’s interests. Evidence of existing relationships and benefits to the child can be persuasive. See Child Law.
How quickly can child disputes be addressed?
Urgent interim hearings can be fixed relatively quickly where there is risk or pressing need. Otherwise, timetables vary by court demand. Early preparation and focused evidence shorten cases. See Child Law.
Finances & Pensions — Scottish Family Law FAQs
More: Financial Provision • Pensions
What counts as matrimonial property?
Generally, assets acquired between the date of marriage and the relevant date (separation) are matrimonial, except gifts or inheritance from third parties. We prepare schedules of assets and liabilities, obtain valuations, and consider any fair “special circumstances” adjustments. See Financial Provision.
What is excluded from matrimonial property?
Property owned pre-marriage and third-party gifts/inheritance are usually excluded. Growth on excluded assets can require careful analysis. Evidencing source of funds and values at the right dates is essential. See Financial Provision.
How are pensions valued and shared?
Defined benefit and defined contribution schemes are valued using formal figures; the part attributable to the marriage can be shared by court order, or offset against other assets. Actuarial input may be required in complex cases. Implementation follows the order precisely. See Pensions.
Can we offset a pension instead of sharing it?
Yes—pension rights can be balanced against equity or other assets. We model scenarios to keep outcomes fair while reflecting liquidity and tax. Where appropriate, a share may still be more secure than offset. See Pensions and Financial Provision.
How is spousal maintenance (aliment) decided?
It turns on resources, needs and fairness. We review budgets, incomes and scope for transition to independence. Short-term support is more common than long-term awards. Negotiated solutions often link maintenance with capital division. See Financial Provision.
What about business interests?
Shares or sole-trade interests may be matrimonial if acquired during marriage. Independent valuation is typical. We examine sustainable income vs capital value, minority discounts and liquidity before proposing settlement structures. See Financial Provision.
How are debts treated?
Debts incurred during the marriage for a matrimonial purpose can be shared. Tracing the purpose and timing matters. We present pragmatic proposals around who pays, refinancing, or set-offs within the overall package. See Financial Provision.
Do we need formal valuations for property?
Usually, yes. Market valuations around the relevant date (or current date where appropriate) reduce dispute and help settlement. Where there’s a sale, sale price may speak for itself; otherwise surveyor valuations are common. See Financial Provision.
What is a fair overall outcome?
“Fairness” is the statutory test, often approximating equal sharing of matrimonial property unless special circumstances justify departure. Needs, resources and practicalities (e.g., housing children) are weighed. We model options to reach a workable, enforceable settlement. See Financial Provision.
Prenuptial Agreements
More: Pre-Nuptial Agreements
Are prenuptial agreements binding in Scotland?
They are generally effective if fairly negotiated, with proper disclosure and independent legal advice for both parties, and if the terms were fair when made. Scottish courts frequently uphold well-drafted agreements because they bring clarity and reduce litigation. See Pre-Nuptial Agreements.
Can a prenup be challenged?
Yes, but challenges succeed only in limited circumstances—e.g., obvious unfairness, lack of advice, or material non-disclosure at the time of signing. Good process at the outset is the best protection against later challenge. See Pre-Nuptial Agreements.
Who should consider one?
Typical scenarios include second marriages, unequal assets, family business interests, or inheritances expected during the marriage. A proportionate, balanced agreement can protect both parties from costly disputes. See Pre-Nuptial Agreements.
Court Process
More: Legal Guides
Which court will deal with my case?
Most cases call in your local Sheriff Court. Complex or high-value matters may be raised in the Court of Session. We advise on forum and strategy, including interim steps such as protective orders and timetabling to keep matters proportionate. See Legal Guides.
What is a “proof”?
A proof is a full evidential hearing where witnesses give evidence and documents are tested. It’s resource-intensive, so most cases settle beforehand. Focused preparation, disclosure and expert input (where needed) typically reduce the need for proof. See Legal Guides.
Do all cases go to court?
No. The majority resolve by agreement through negotiation, exchange of disclosure and, where useful, mediation. If agreement is reached, we record it formally to avoid future disputes. Court is used where agreement proves impossible or urgent protections are needed. See Legal Guides.
How quickly can urgent orders be granted?
Where there is genuine urgency (e.g., safety or dissipation of assets), interim orders can be considered at short notice. Evidence preparation and proportionality are key to success. We’ll advise on prospects and next steps. See Legal Guides.
Will I have to give evidence?
Only if the case proceeds to proof or a particular interim issue needs evidence. We prepare you thoroughly, explain the court process in plain English, and keep hearings to what is strictly necessary. See Legal Guides.
Domestic Abuse & Safety
More: Child Law • Financial Provision
What protective orders exist?
Depending on risk, remedies include interdicts (with powers of arrest) and exclusion orders removing an abuser from the home. The court can act quickly where evidence supports urgency. Safety planning and careful framing of orders help protect you and children. See Child Law.
Can a spouse be excluded from the family home?
Yes, by exclusion order where justified. The court weighs safety, housing options and the impact on children. Evidence and practical proposals (e.g., alternative accommodation) support applications. See Financial Provision.
How do safety concerns affect child contact?
Welfare comes first. Contact can be supervised, restricted or suspended pending risk assessment. We prioritise safeguarding while maintaining proportionate, reviewable arrangements. See Child Law.
International Issues
More: Divorce • Financial Provision • Child Law
Can Scotland hear my divorce if I live abroad?
Jurisdiction usually depends on domicile or habitual residence. Where more than one country could deal with your case, early advice matters to avoid competing proceedings. We assess forum, speed, cost, enforceability, and tactical pros/cons before steps are taken. See Divorce.
What if assets are overseas?
Scottish courts can make worldwide orders, but enforcing them may require local steps abroad. We coordinate valuations and settlement structures so the outcome is practical to implement. See Financial Provision.
How are international child cases handled?
Child abduction and wrongful retention matters are treated urgently. The child’s welfare and any applicable conventions guide the approach. We act quickly to protect the child and manage cross-border procedure. See Child Law.
Costs & Fees
More: Our Fees
Do you offer fixed fees?
Yes—certain services such as undefended divorces are available on a fixed-fee basis. For wider matters we provide clear estimates, regular updates and itemised timesheets so costs remain predictable. See Our Fees.
How do your 3-minute billing units work?
We charge in 3-minute units. Each item of work is rounded up to the next unit, so a two-minute email is recorded as three minutes. That keeps the cost of short calls, emails and updates down. You’ll receive transparent time entries and regular cost information. See Our Fees.
Is legal aid available?
We are a private firm and do not offer legal aid. We focus on clarity around cost, options to stage work, and—where suitable—fixed fees. If legal aid is essential, we can explain how to locate providers. See Our Fees.
Can I pay in instalments?
Yes—staged payments are often possible depending on the work and timing. We’ll agree an approach that fits the case plan and keeps momentum without surprises. See Our Fees.
Need tailored advice?
Every situation is unique. We’ll explain your options clearly and help you plan the next steps.
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
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