Divorce Lawyers Glasgow

Divorce and separation lawyers in Glasgow

Divorce in Scotland follows Scots law, and there are important differences between Scottish and English law. The grounds are different, the rules on dividing property are different, and so is the court process. Getting the right advice early can make the whole thing quicker, cheaper and a great deal less stressful.

Our team of family solicitors 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 Glasgow, Edinburgh, Dumfries and throughout Scotland, for married couples and for civil partners ending a civil partnership. Wherever possible we offer fixed fees, so you know where you stand from the start.

What are the grounds for divorce in Scotland?

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

• Living apart for at least one year, where your spouse agrees to the divorce
• Living apart for at least two years, where your spouse does not agree
• Adultery by your spouse
• Unreasonable behaviour, meaning your spouse has behaved in a way that 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. This is a separate ground and there is no medical or surgical requirement attached to it.

Most people rely on separation. In 2022 to 2023, the most recent year for which official figures have been published, 95 per cent of divorces granted in Scotland were on separation grounds.

Trying again does not automatically reset the clock. You can live together again for up to six months in total without having to start the separation period from scratch, although the time you spent back together does not count towards the one or two years. It is also possible to be separated while still living under the same roof, but you will need to show that you were living separate lives.

Do I need a solicitor to get divorced in Scotland?

Not always. Some couples can use the simplified procedure without a solicitor.

Even if you qualify for the simplified procedure, seek legal advice before you apply. Once the court grants your divorce, you generally cannot go back and ask for a share of the matrimonial property. If there is a house or a pension involved, one conversation now can protect you for years to come.

The divorce process in Scotland, step by step

What happens to money and property on divorce?

Financial claims on divorce in Scotland are governed by the Family Law (Scotland) Act 1985. The starting point is matrimonial property. That is 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, investments, and the part of a pension built up during the marriage. A home bought before the marriage for you to live in as a family is included too. Gifts and inheritances from other people are not.

Matrimonial property is usually shared equally. The court can depart from equal sharing where there are special circumstances, such as one of you bringing money into the marriage or the way a property was used. It can also take account of the economic burden of caring for children, or one spouse giving up a career.

The court has several ways of putting a fair financial settlement in place, including a capital sum, a transfer of property, a pension sharing order and, less often, periodical allowance. Our guide to finances on separation explains more.

What about the children?

Where children are involved, the court will not grant a divorce until it is satisfied about the arrangements for any children of the marriage under 16. Most parents agree on child arrangements, including where the children will live and how they will spend time with each parent, often with our help. Where you cannot agree, the court can make an order under the Children (Scotland) Act 1995, and the welfare of the child is always its main concern. Residence and contact are what many people still call child custody and access. Find out more about child contact and residence.

Child maintenance is usually dealt with between parents or through the Child Maintenance Service rather than by the court. Our guide to child maintenance in Scotland explains how it works.

What you should not do while you are separating

Do not move or hide money or assets, as the court can undo transfers made to defeat a claim. Do not sign anything your spouse or their solicitor sends you before you have taken advice. Do not stop paying the mortgage or bills you are responsible for. Do not involve the children in the dispute or use them to pass messages. And make a note of the date you separated, because it can affect both the timing of your divorce and what counts as matrimonial property.

How long does a divorce take in Scotland?

A simplified divorce is often granted within 8 to 10 weeks of the application being lodged. An undefended divorce under the ordinary procedure, where the children and finances are agreed, typically takes six to eight months. A defended divorce can take a year or more. The separation period has to be complete before you apply, so the clock really starts when you separate. Read more in our guide on how long a divorce takes in Scotland.

Keeping your divorce out of court

We understand that family problems need long term solutions and not simply a win in the court room. Going to court is expensive and slow, and it rarely helps parents who will need to keep working together for years. That is why we always look first at negotiation, mediation and collaborative law, and keep court as a last resort for when it is genuinely needed.

Contact our divorce solicitors in Glasgow

Whatever stage you are at, whether you are thinking about separation or divorce or your spouse has already started divorce proceedings, we can help you understand your rights and guide you through the process. We will give you clear, practical advice and an honest idea of cost from the outset.

Call 0141 433 2626 or request a callback, and one of our divorce lawyers in Glasgow will be in touch. We also have offices in Edinburgh and Dumfries, and act for clients in Paisley and across the west of Scotland. Clarity Simplicity Ltd is regulated by the Law Society of Scotland.

Not married? We also advise on cohabitation rights, civil partnerships and prenuptial agreements. Please note, this advice does not apply to England and Wales.

Your divorce questions answered