Divorce Lawyers Paisley

Divorce and separation lawyers for Paisley

Divorce in Scotland follows Scots law, which is different from the law in England and Wales. The grounds, the rules on dividing property and the court process all work differently. Getting the right legal advice early can make your divorce quicker, cheaper and far less stressful, whether you want to obtain a divorce or simply understand your options after separation.

We act for clients in Paisley, Renfrew, Johnstone, Linwood, Erskine, Bishopton and the rest of Renfrewshire from our Glasgow office at 34 Woodlands Road. Most of our work can be done by phone, video call and email, so you will not need to travel to see us unless you would like to meet in person. If you are looking for family lawyers in Paisley, our family law team is led by Emma King, who has been rated one of the three best family law solicitors in Glasgow by Three Best Rated for over six consecutive years. We act for clients in Paisley and Glasgow and across the west of Scotland.

Grounds for divorce in Scotland

There is only one ground for divorce in Scotland: that the marriage has broken down irretrievably. You show this in one of four ways:

• you have lived apart for at least one year and your spouse agrees to the divorce
• you have lived apart for at least two years, whether or not your spouse agrees
• your spouse has committed adultery
• your spouse has behaved in a way that means you cannot reasonably be expected to keep living with them

A divorce can also be granted where either of you has been issued with an interim gender recognition certificate. Most people rely on separation. You can live together again for up to six months in total without having to restart the separation period, although the time spent back together does not count towards it.

Simplified or ordinary divorce?

Even if you qualify for the simplified procedure, take advice before you apply. Once the divorce is granted, you generally cannot go back and claim a share of the matrimonial property. The simplified procedure is only possible once all financial matters have been resolved or there are none to resolve. Read more about divorce on our divorce lawyers Glasgow page.

Divorce at Paisley Sheriff Court

A Scottish divorce can be raised in the Court of Session in Edinburgh, but most divorce court actions are dealt with in the local sheriff court. If you or your spouse live in Paisley, your divorce will usually be raised at Paisley Sheriff Court, which is part of the Sheriffdom of North Strathclyde.

Under the ordinary procedure, we prepare a court document called an initial writ, lodge it with the court and arrange for it to be served on your spouse. If the divorce is not defended, you and a witness sign sworn statements called affidavits, and the sheriff grants the divorce on the papers. If your spouse defends the action, we represent you throughout the court proceedings, although most defended cases still settle before a final hearing.

Money, property and pensions

Financial claims on divorce are governed by the Family Law (Scotland) Act 1985. The starting point is matrimonial property: everything either of you acquired during the marriage up to the relevant date, which is normally the date you separated. It can include the family home, savings and the part of a pension built up during the marriage. Gifts and inheritances from other people are not included.

Matrimonial property is usually shared equally, although the court can depart from equal sharing in special circumstances. Every situation is different, but most couples agree a financial settlement through negotiation and record it in a separation agreement, known in Scotland as a Minute of Agreement. Read our guide to finances on separation.

Children and divorce

Before granting a divorce, the court must consider the arrangements for any children of the marriage under 16. Most parents agree where the children will live and how they will spend time with each parent. Where you cannot agree, the court can make an order under the Children (Scotland) Act 1995, and the welfare and best interests of the child are always its main concern. Find out more about child contact and residence.

How we help with your divorce, step by step

Family lawyers for Paisley and Renfrewshire

As well as separation and divorce, our family lawyers advise clients in Paisley and Renfrewshire on all aspects of family law, including:

• separation agreements for married and unmarried couples
• child contact and residence
• prenuptial agreements before you marry
• cohabitation rights if you lived together without marrying
• civil partnerships, including ending a civil partnership

Why choose Simplicity Legal for your divorce?

• Experienced solicitors in family law matters, with a team led by Emma King
• Phone and video meetings, so you do not need to travel
• Settlement first, with court as a last resort
• Plain English advice and clear costs from the start
• Regulated by the Law Society of Scotland

Contact our divorce lawyers for Paisley

Whether you are thinking about separating or your spouse has already started divorce proceedings, early advice can protect your position. Contact us today: call 0141 433 2626 or request a callback, and a divorce lawyer from our team will be in touch. Please note that we do not offer legal aid. Clarity Simplicity Ltd is regulated by the Law Society of Scotland. This advice does not apply to England and Wales.

Read our guide on how long a divorce takes in Scotland.

Your divorce questions answered