Navigating Divorce in Scotland: A Step-by-Step Guide to the Legal Process

Getting a divorce in Scotland involves several steps. The precise process depends on factors like whether both parties agree to the divorce and if there are any children under 16 involved. Here’s a breakdown of the key steps:

1. Grounds of Divorce

In Scotland, there is only one ground for divorce: the irretrievable breakdown of the marriage. This can be established in several ways:

• Separation: Living apart for at least one year with mutual consent, or two years without the other party’s consent.
• Adultery: Proof that your spouse had sexual relations with someone else.
• Unreasonable behaviour: If your spouse has behaved in such a way that you cannot reasonably be expected to live with them (e.g., domestic abuse, addiction, or abandonment).
• Gender recognition certificate: If your spouse changes gender and you no longer want to remain married.

2. Divorce Options

There are two main types of divorce in Scotland:

• Simplified Divorce: This is the easiest option, but it can only be used if:
  • You have no children under the age of 16.
  • There are no financial disputes.
  • You’ve been separated for at least one year and the other party consents (or two years without consent)
• Ordinary Divorce: If you have children under 16, or there are financial or property disputes, you’ll need to use this process. This can be more complex and lengthy

3. The Divorce Process

 Simplified Divorce

1. Apply for a Simplified Divorce by completing the relevant form
2. Submit Your Application: to the local sheriff court or the Court of Session with your Extract Marriage Certificate
3. Serve the Divorce Papers: The papers must be sent to your spouse by the court. They then have 21 days to defend the action. If they don’t defend the action, you can proceed without further issues.
4. Decree: If everything is in order, decree of divorce will be granted usually within 4-6 weeks after the 21 day notice period has expired.

 Ordinary Divorce

1. Consult a Solicitor: Given the complex issues involving children or finances, it is advisable to get legal advice.
2. Lodge a Divorce Action: Your solicitor will submit the necessary paperwork (Initial Writ/ Summons,  Inventory of Productions) to the sheriff court or Court of Session. The court will issue a warrant to serve the papers on your spouse
3. Negotiations or Court Hearings: If there are disagreements over finances or children, these matters will either be negotiated or decided in court.
4. Decree: Once the court is satisfied that everything has been settled, whether by negotiation or hearing evidence at a Proof, they will issue the decree of divorce.

4. Financial Settlements and Children

• Financial settlements: You and your spouse must decide how to divide assets, debts,  The court can make decisions if necessary.
• Children: care arrangements need to be agreed if there are children under 16. The court’s main concern will be the welfare of the children and what is in their best interests.

5. Costs

The cost of divorce can vary significantly depending on whether it’s a simplified or ordinary procedure.

6. Timeframe

• Simplified Divorce: This can take about 8–12 weeks.
• Ordinary Divorce: If it undefended it won’t take much longer to conclude than a simplified divorce action. If there are disputed financial or child care issues it can take longer and it’s very difficult to put an accurate timescale on that.