Divorce & Separation Edinburgh

Divorce Lawyers Edinburgh

Even though divorce is now a reality for many families when a relationship ends, it can be a sad and stressful period for everyone involved, necessitating often significant life adjustments. The divorce lawyers at Simplicity Legal are well aware of this and are prepared to assist clients in Edinburgh with settling their divorce as quickly as possible.

Led by Kara MacGregor-Duke she has extensive knowledge and expertise in family law, Kara handles a wide range of cases, including divorce, child custody, and spousal support. All our Family Lawyers have the qualifications and experience to provide you with the legal advice and services that you need during this sensitive time.

Separation Lawyers Edinburgh

Whether you are going to court or seeking to settle the matter amicably with your partner, we can help minimise the damage and distress for you and your family during this difficult time.  At Simplicity, we provide a range of Family Law services. This means that if you are worried about the cost of your divorce or do not have legal aid, you can still afford legal advice.

In order to get a divorce, the person raising the court action must show that the marriage in question has broken down irretrievably. To do that the party seeking a divorce will be required to show one of the following:-

  • Adultery on the part of the other person
  • The behaviour of the other person means that it is unreasonable for the person seeking the divorce to have to live with that person
  • Separation

How to Divorce in Edinburgh

If the divorce is consensual, which means that both parties agree to it, the court can grant a divorce if the parties have been separated for one year. If one person objects to the divorce, the couple must instead be separated for two years. If you and your partner reunited during the specified time period, you may nonetheless file for divorce, as long as you were not together again for more than 6 months.

An individual may also seek a divorce on the basis that he or she has undergone gender reassignment surgery. In this case, an application should be made for a gender reassignment certificate.

Getting a Divorce in Edinburgh: The Procedure

Once you have established that you want to bring your marriage or civil partnership to an end, the next question is often how to actually go about getting a divorce? The procedure that you must follow if you are seeking a divorce can vary, depending on your circumstances and whether or not the divorce is consensual.

If you do not have children under the age of 16, and your partner has agreed to the divorce, you can use what is known as a simplified procedure, as long as you can agree on a financial settlement between yourselves.

If the divorce is not consensual, or you have children under the age of 16, you will be required to use the ordinary procedure. This is also the case if you cannot agree to the grounds of divorce or if there are outstanding financial issues that must be resolved. Instead of simply submitting forms to your local sheriff court, the case is likely to go to court.

Do I Need a Lawyer to Get Divorced in Edinburgh?

There are many advantages to getting legal advice and assistance with your divorce. If the divorce is likely to be contested or disputed, you may be required to produce witness statements and other evidence. The solicitors at Simplicity are happy to draft documents and fill out forms on your behalf, simplifying the entire process. In addition, it is important to put your case in the right legal terminology.

Even if you are using the simplified procedure, there are still many good reasons why you may wish to seek the services of a lawyer. Our divorce solicitors are able to tell you whether the financial agreement between you and your partner is legal and binding. In addition, our lawyers can also help you draft the agreement and deal with any complicated property issues.

Even if your situation is currently amicable, later legal challenges may turn the situation sour. The best way to prevent this is to seek legal help, to make sure your arrangements are clear and robust. All of the solicitors at Simplicity have the experience and expertise to guide you through this process.

Finally, you may wish to avoid a dispute in court over a Family Law matter. This is often particularly important if children are involved, as a lasting relationship between their parents is of real value. If this is the case, there are many forms of out of court dispute resolution that are available, such as mediation, negotiation and collaboration. A lawyer can guide you through this process, which will help to avoid greater legal fees in the future. At Simplicity Law, we provide clear and practical advice on all aspects of divorce law, helping you to avoid unnecessary courtroom battles.

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