Our solicitors can offer advice and support on how best to manage your divorce.
Our specialist divorce lawyers will offer tailored advice to your situation. We understand it can be an upsetting time for individuals who wish to file for divorce. However, we are committed to ensuring the best possible client experience through these difficult times. We offer fixed-fee prices and will inform you of any changes to your case that may result in an increase of charge before we proceed with your case. You can be assured we will keep an open communication with you every step of the case.
Getting a divorce in Scotland
In Scotland, if the divorce is consensual and both parties are in agreeance with it, then the Court can grant a divorce on the basis that both parties have been separated for at least one year. This is referred to as an undefended divorce. A lawyer is usually required to draft and submit an application for divorce in this scenario. However, if the divorce is not consensual and one party disagrees to it, then the other party will have to prove there’s an irretrievable breakdown of the marriage. To satisfy this, the party pursuing for a divorce must show that the person they are seeking to divorce either:
Prove your spouse has committed adultery
– Both parties have been separated for at least one year.
– The behaviour of your spouse is unreasonable and you cannot expect to live with them.
– Or when an interim gender recognition certificate has been granted to the spouse under the Gender Recognition Act 2004.
This is usually when disputes occur over child custody, money and property. For a civil partnership to come to a legally recognised ending, a dissolution will take place rather than a divorce, which follows a similar process. We understand that it is in both parties’ interests to avoid long disputes. That is why our lawyers will encourage other means of mediation before going to Court. However, in the instance where the matter goes to Court, we will represent you. Alternatively, a Simplified Divorce may be the best option for you. This is a cheap and faster process. In order to qualify for this type of divorce, there has to be no children under the age of 16 involved as well as no financial matters which the Court is required to resolve. You must also have been separated for a year since the marriage ended.
If you are unsure as to what type of divorce you may qualify for, then please get in contact and we can advise you.
Do I need a lawyer to file for divorce?
Our lawyers can provide expert advice on your divorce and assist with raising a court action if necessary. Legal documents will be required and our lawyers have experience in communicating with the Court and therefore know the correct legal terminology to use. If you decide to avoid pursuing a Court action then our lawyers will also assist with completing forms for out of Court dispute resolutions such as mediation.
Please get in touch with us today on 0141 424 0500 for further information.