Family Law, Conveyancing and Litigation Lawyers based in Glasgow and Edinburgh, Scotland.

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 on a fixed fee basis. 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.

“ Emma and the team provided a friendly, communicative service and I wouldn’t hesitate to recommend them to anyone needing family law 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 SCOTLAND

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 SCOTLAND: 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 a simplified procedure, as long as you can agree a financial settlement between yourselves.

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