HOW TO GET DIVORCED in Scotland

To get divorced in Scotland you need to satisfy the court that your marriage has broken down irretrievably and that there is no prospect you and your spouse will reconcile. There are five ways to show your marriage has broken down irretrievably:
1. Your spouse has behaved in such a way that you feel you can no longer reasonably be expected to live with him or her. That is known as unreasonable behaviour.
2. Your spouse has committed adultery (that is, if he or she has had sex with someone else since the date of your marriage)
3. You and your spouse have lived apart for over two years
4. You and your spouse have lived apart for over one year and consents to divorce on this basis.
5. An interim gender recognition certificate has been issued to you or your spouse.
The court need evidence of one of these from you and one other source – usually a friend or family member can give a sworn supporting statement. We can advise you about that.
A divorce does not take long – around 6 weeks. However, divorce proceedings can be delayed if you are applying for legal aid or if there is disagreement about either:
– A child or children of the marriage. Divorce cannot be granted until the court is satisfied about arrangements for the children. Sometimes parents ask the court to make decisions about their children within their divorce.
– Any financial or property issues arising from the separation. The court can made decisions about these issues within the divorce proceedings if they cannot be agreed.
If you want to speak to us about getting divorced, or about any issues relating to children, financial or property matters, please let us know.

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