Scotland has two routes to divorce, and the difference between them matters for cost, speed and paperwork. Understanding which route applies to you is the first practical question in almost every divorce, so here is the distinction in plain terms.
The simplified procedure
The simplified, sometimes called do-it-yourself, procedure is available where the divorce is based on one year’s non-cohabitation with the other spouse’s consent, or two years’ non-cohabitation without consent; there are no children of the marriage under 16; neither spouse is seeking any financial order; and neither party suffers from a mental disorder affecting their ability to manage their affairs. A further condition is that no other court proceedings are under way which might bring the marriage to an end, and the separation facts are joined by a third, rarer route: the issue of an interim gender recognition certificate. Where every one of those conditions is met, the application is a straightforward form-based process through the sheriff court, and it is usually concluded within a few months. We handle simplified divorces for a fixed fee of £550, covering our fees and outlays.
The ordinary procedure
If any of the conditions above is not met, the divorce proceeds by ordinary action. That includes every case where there are children under 16, where financial provision is sought, or where the ground relied on is unreasonable behaviour or adultery rather than a period of separation. An undefended ordinary divorce is still a managed, predictable process, and we handle those for a fixed fee of £1,550 all-in. Where a divorce is defended, or involves cross-border or other complexity, fixed fees no longer apply and we will give you a clear cost estimate at the outset.
The ground of divorce is the same in both
Whichever route applies, Scots law recognises one ground of divorce: the irretrievable breakdown of the marriage, established by adultery, unreasonable behaviour, one year’s non-cohabitation with consent or two years’ non-cohabitation without consent. A divorce may also be granted where an interim gender recognition certificate has been issued to either party. Most Scottish divorces today proceed on one of the non-cohabitation grounds, which require no allegations of fault.
Not sure which applies to you?
The most common reason a divorce cannot use the simplified route is unresolved financial matters, and it is usually better to resolve those by a Minute of Agreement before divorcing rather than leaving claims open. Our free initial telephone call of approximately 10–15 minutes will tell you which route fits your circumstances and what it will cost, with no obligation.