Divorce in Scotland — What You Need to Know
Divorce under Scots law is based on one ground: that the marriage has broken down irretrievably. To prove this, you must evidence one of four facts.
- Adultery — Your spouse has committed adultery
- Unreasonable behaviour — Your spouse has behaved in such a way that you cannot reasonably be expected to live with them
- One year’s separation with consent — You have lived apart for one year and both agree to divorce
- Two years’ separation without consent — You have lived apart for two years (no agreement needed)
Simplified vs Ordinary Procedure
A simplified procedure is available if there are no children under 16, no property disputes, and you can agree on reasonable financial provision. This is faster and less expensive.
An ordinary procedure applies to contested divorces, divorces involving children, and cases with property or financial disputes. This process involves more court interaction and takes longer.
Our solicitors will assess your circumstances and advise which procedure applies to your case, then manage the process on your behalf.
Children and Family Law
Scots law places the welfare of the child at the centre of all family law decisions. Courts and parents must have regard to the child’s welfare as the paramount consideration.
- The welfare principle — Every decision must be made in the best interests of the child
- Parental responsibility — Rights and duties to safeguard, support and guide your child
- Residence — The legal determination of where a child lives day-to-day
- Contact — The arrangement for time with the other parent (visiting, holidays, etc.)
The Scots Law Approach
Scots law encourages parents to work together in the best interests of their children, even after separation. Courts prefer agreements reached between parents over contested proceedings.
If agreement cannot be reached, courts will make orders on residence and contact, always considering the child’s views (depending on age and maturity), the level of care each parent can provide, and any risk to the child.
Our family law solicitors help parents negotiate agreements that protect their relationship with their child while serving the child’s welfare and development.
