In Scotland, you typically submit an application to the Sheriff Court in your local sheriff’s court if you want to file for divorce. You must prove there is no chance of a reunion and that your marriage has broken down irretrievably.
Ground for Divorce in Scotland – Needing to get a divorce
There are four approaches to prove an irretrievable breakdown in divorce proceedings. They are as follows: the simplified procedure, consent to the divorce, and others.
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- Your spouse agrees to the divorce after you and your spouse have been apart for a year, marking the date of separation.
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- Once two years have passed since you and your spouse parted, you can apply for a divorce without your spouse’s approval.
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- You can provide evidence that your spouse has committed adultery, albeit same-sex marriages are exempt from this requirement in the context of divorce action. If so, you can file for divorce immediately, and there are no time restrictions.
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- You can prove that your spouse has acted unreasonably, demonstrating unreasonable behaviour and that it is not reasonable for you to stay in their home. Similar to adultery, this reason can be used to file for divorce action right away.
If one spouse has changed their gender and received an interim gender recognition certificate under the Gender Recognition Act of 2004, you can also demonstrate an irretrievable dissolution of the marriage.
All divorces in Scotland are “no-fault,” meaning that the behaviour of the spouses will not affect how the matrimonial assets are divided, even though there are grounds for divorce that consider one spouse’s actions. A fair division will always serve as the foundation for the division of matrimonial property.
What is a ‘quickie’ Divorce (Simplified Divorce) – Get divorced in Scotland
This usually refers to the Simplified Divorce in Scotland. If there are no unresolved financial issues (or if they have already been decided upon and included in a separation agreement) and no children under the age of sixteen from the marriage, this can be employed.
You can fill out the divorce application form on your own in a simplified divorce, but it must be notarised by a lawyer before it can be submitted to the court. It takes about eight weeks to complete the process from beginning to end. Visit our Simplified Divorce section to learn more.
Family law Divorce in Scotland – Solicitor – Divorce lawyer – Divorce Process – get in touch
If you are looking to understand the divorce procedure or need to file for separation and divorce our team provides an initial free consultation. Our expert team of Solicitors are highly trained and experienced in providing you with solutions to your family’s legal problems. We have highly qualified divorce lawyers who can give you the best advice to proceed with a divorce and separation. We always do this in a friendly and professional manner to ensure that our clients always receive the highest quality legal counsel available. We provide a variety of family law legal services, our Glasgow office is perfectly located in the heart of Glasgow’s city centre and provides a vast array of services to corporate and individual clients in all facets of their business and personal lives. For a FREE initial consultation please contact us on 0141 433 2626.
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