We offer practical support and legal advice to help you through this challenging time.
We know that getting a Divorce can be a daunting prospect, particularly if you are not familiar with the legal necessities required to end your marriage, and how to obtain the full extent of your matrimonial entitlements, in a legally safe, and secure manner. Our dedicated Family Law Team can provide you with all the help that you need, thereby achieving the best possible legal outcome, for you, and your loved ones. We will never judge you or tell you what to do. We will always give you our expert legal advice with understanding, support, and compassion. We are here to serve you.
You can contact us on: 01698 539981 (Hamilton), 01324 468381 (Falkirk), or fill out the contact form and we’ll get back to you very soon.
The Grounds for Divorce in Scottish Law
In Scotland, you must prove that your marriage has irretrievably broken down to get divorced. This can be established in one of four ways:
- you and your spouse have been separated for one year or more, and your spouse is willing to consent to a divorce;
- you have been separated for two years, or more;
- your spouse has committed adultery; and
- your spouse’s behaviour is so unreasonable that you cannot be expected to continue living with them.
Legally ending your marriage
To get a divorce, you must apply to the Court for a Decree of Divorce, that is granted by a Sheriff, at the Sheriff Court, and on very rare occasions, by a Judge, at the Court of Session, in Edinburgh, in cases is of very high value or those involving extremely complicated legal issues.
In nearly every Divorce case that we represent our clients in, we endeavour, whenever possible, to negotiate a full and final settlement of all matters affecting the welfare of their children, their property rights, and their financial entitlements, without ever going near to a Court, by way of a registered Minute of Agreement, also known as a Separation Agreement.
When a Separation Agreement is registered, by the Registers of Scotland, its terms are legally binding and enforceable in the same manner that a Court’s decision is legally binding and enforceable. This gives closure and certainty about exactly what the couple have agreed, without involving potentially, unnecessary, lengthy Court procedures. After the Separation Agreement has been registered, either of the parties can then apply to the Court for a Simplified Procedure Divorce, if there are no children of the marriage who are under 16 years of age.
Some cases, however, are sadly, not capable of being resolved by a negotiated settlement, contained in a Separation Agreement. In such cases, to resolve the issues that are in dispute, an Ordinary Cause Divorce Action must be raised, almost always at the Sheriff Court. Even after the case is brought to the Court, our Family Team will still diligently attempt to resolve your case by negotiation, thereby limiting the amount of time in Court. In those rare cases, where oral evidence must be heard, by the Court, our Team will determinedly represent you with formidable skill, and knowledge, to achieve for you, the best possible outcome.
An Ordinary Cause Divorce Action is also required if you have any children of the marriage who are under 16 years of age, even after all child welfare issues, property issues, and financial issues have been agreed in a registered Separation Agreement. These cases are not usually contested because the parties have agreed everything, beforehand.
What is a Separation Agreement?
If you and your spouse can reach an agreement on arrangements for your children, financial matters, and property matters, the terms of your settlement should be entered into a Minute of Agreement, which is commonly called a Separation Agreement, the precise terms of which are legally binding.
Who can get a divorce in Scotland?
Anyone, regardless of where in the world they got married, if they have lived in Scotland for at least a year immediately prior to applying to the Court for a Divorce and have lived at their present postal address for at least 40 days prior to making the Divorce application.
Why might a divorce be defended?
You or your spouse may defend the Divorce, at Court, if you disagree with the grounds for the Divorce, or wish to make a claim your home or homes, or for financial provision, or are unhappy with the arrangements proposed for your children. You have 21 days from receiving the divorce writ to notify the Court of your Intention to Defend.
If you need help and advice about a Divorce, we can represent you in negotiating an advantageous full and final settlement for you or pursuing or defending your case at the Sheriff Court. We represent clients in Hamilton, Lanarkshire, Glasgow and throughout the rest of Central Scotland.
For more information on how we can help you with your Divorce, please complete the online enquiry form or call us on: 01698 539981 (Hamilton), 01324 468381 (Falkirk). We look forward to helping you.