The breakdown of a relationship is often one of the most significant and emotional events in a person’s life. Our Family Team are on hand to guide you through the process.
When a couple decide to separate, it takes effect from the moment you physically separate, even though you may still be living under the same roof. You may decide that you wish to proceed with a divorce or dissolution in order to formally end your legal relationship. We can help you navigate your way painlessly through this process and explain in more detail the different options available to you.
To grant a divorce or dissolution of civil partnership, the court must be satisfied that your relationship has broken down irretrievably. This is the only ground of divorce or dissolution of a civil partnership in Scotland although it can be established in a number of ways:-
- Unreasonable behaviour
- 1 Years Separation (with the consent of your spouse or civil partner)
- 2 Years Separation
- Issue of an interim gender recognition certificate
If there are no financial issues to be resolved and you have no children under the age of 16, then provided that you have been separated for a period of at least 1 year, the simplified divorce procedure may be an option for you.
If there are financial issues still to be resolved or you have children under the age of 16 then the ordinary procedure must be used. This procedure is more complex but our leading Family Law experts are on hand to guide you through the process.
In some circumstances you can divorce in Scotland even if you or both you and your spouse reside abroad. We can discuss the jurisdictional requirements with you to help you understand your options and make an informed decision.