A Guide to Going Through a Divorce in Scotland

Are you feeling a strain on your relationship or seeking guidance as you embark on divorce proceedings? Our divorce lawyers at Jones Whyte are well-equipped and have decades of experience to help you throughout the process.

We’ve curated a blog to offer valuable insights into the divorce process, providing you with a great understanding of what you can expect from the outset. You’ll also gain a better idea of how Jones Whyte’s specialist family law solicitors can support you.

Blog Contents:

• 1. How our specialist Family Law solicitors can assist you
• 2. How to get started with your divorce
•      • Divorce lawyers – arrange a consultation
•       • Contact information
• 3. Understanding the divorce process
•       • Why it’s a good idea to get a solicitor for a divorce
•       • How long it takes to get a divorce?
•       • Financial settlements
•       • On-going support
•       • Children involved in divorce
• 4. What are assets?
• 5. Do I need to go to court?
• 6. Why choose Jones Whyte
• 7. Testimonials
• 8. FAQ’s

How our specialist Family Law solicitors can assist you

During the challenging process of divorce, it’s crucial to seek advice from a divorce lawyer at the earliest opportunity. Even if the separation hasn’t occurred yet, reaching out to a lawyer ensures you’re well-informed about your rights should it happen.

We understand that everyone’s situation is unique, which is why we tailor our family law services to meet the specific needs of each individual. Our highly experienced team of divorce lawyers is well-versed in the complexities of family law matters and ready to assist you in making informed decisions to achieve the best possible outcome.

Below are some examples of how our family law team can assist you:

• • Ensuring a fair division of assets and liabilities
• • Managing child maintenance payments
• • Spousal aliment (payments due to or by a spouse following separation)
• • Re-drafting of Wills or other testamentary provisions

How to get started with your divorce

There are a few ways you may be able to identify if your marriage is coming to an end: separation for a year or two, unreasonable behaviour, or betrayal.

If you need to start divorce proceedings, the first step you will need to take is to get in touch with a divorce lawyer who will be able to provide tailored guidance and help you understand your rights. It is important at this time that you establish the date of separation, as this sets a timeline for divorce proceeding.

Divorce lawyers – arrange a consultation

If you’re considering reaching out to a family law solicitor, Jones Whyte will be able to offer flexible means of communication. No matter where you are in the world, we can arrange a consultation via telephone, video call or face-to-face. During this consultation, one of our divorce solicitors will take the time to understand you and your individual circumstances. Helping you get the help and advice you need.

We want to assure you that the consultation will be offered at a fixed price. At Jones Whyte, we recognise the importance of transparency in costs, especially considering that many clients may find themselves in challenging financial situations during this period. To accommodate our client’s needs, we have developed a range of payment options, empowering you to choose what works best for your circumstances. We want to be able to provide you with financial clarity and peace of mind from the very beginning of your divorce process.

Contact information

Book your consultation today with one of our divorce lawyers, please get in touch by calling 0800 292 2035 or fill out the form on our website.

Understanding the divorce process

Why it’s a good idea to get a solicitor for a divorce

Getting a solicitor prior to initiating divorce proceedings should prove advantageous, as they will be able to:

• • Communicate with your ex-spouse and their legal representative on your behalf
• • Represent you in court
• • Secure the most favourable outcome for your circumstances

How long it takes to get a divorce?

If all goes according to plan, a divorce typically takes at least six months to finalise. However, the timeline can extend depending on the complexities of your situation. This is particularly true if you need to sort out financial matters, divide a property or establish custody arrangements for children.

It is important not to rush this and to approach it with care and thoroughness to ensure a fair outcome for all parties involved. We completely understand that this whole process can be extremely daunting, but taking the time to address these matters will be better in the long run.

Financial settlements

We understand that when going through a divorce, moving on is only possible if you reach an agreement with your ex-spouse on the division of finances affairs. The types of decisions you’ll both need to make include determining who will stay in your property, and how you’ll divide assets. It’s important both parties receive their fair share of assets.

It is crucial to understand that cohabitating couples have a limited time frame of only a year from the date of separation to address any financial claims. Therefore, seeking timely advice regarding finances becomes extremely important.

On-going support

There are certain circumstances that entail ongoing support after separation and divorce, which your divorce lawyer will be able to talk you through if required.

Here are some reasons why on-going support may be needed:

• • If you have children, child support will likely need to be paid.
• • A substantial decline in living standards following separation.

One of our divorce lawyers at Jones Whyte will be able to help you through this process and guide you on how to reach a fair outcome with your ex-spouse.

Children involved in divorce

Divorce can have a significant impact on children. Therefore, it is important to protect their wellbeing. At Jones Whyte, we will assist you in nurturing your child through this challenging phase of their lives.

Our family lawyers will be able to assist you when it comes to child custody arrangements, including:

• • Determining the primary residence for the child.
• • Selecting an appropriate school.
• • Establishing schedules and determining when the child should spend time with each parent.

If you have any questions regarding child custody, please don’t hesitate to contact our expert team, who are here to assist you.

What are assets?

Assets are possessions which an individual owns. When going through a divorce can be a wide range of items which may need to be divided between spouses. If you’re going through a divorce your assets may be the following:

• Your home

• Pension

• Savings

• Investments

•Vehicles

If you’re uncertain whether something qualifies as an asset, it’s advisable to seek clarification from your divorce lawyer. Identifying assets is important to ensure fair distribution during the divorce process.

Do I need to go to court?

You don’t have to attend the sheriff court if you’re going through a divorce. The only instance where you may need to appear in court is If you and your ex-spouse cannot reach an agreement and a dispute cannot be resolved through other means.

Why choose Jones Whyte?

We understand that every individual is unique, and there’s no one-size-fits all solution. That’s why we customise our services to fit your specific needs. We’ll handle your case with utmost care and compassion, regardless of the circumstances.

We provide a range of fixed fee packages for specific matters and will keep you updated costs monthly. When you reach out, we’re more than happy to discuss more about our offerings.

If you choose Jones Whyte to assist you with your divorce, you can anticipate:

• • A designated specialist guiding you through every step of your divorce journey.
• • Access to competitively priced fixed fees.
• • Flexibility with payment deferral options.
• • Transparent pricing and ongoing clear communication.

You will not only receive expert support from a family lawyer, but also transparency. Clear communication is what we promise to our clients, which will provide you with peace of mind throughout the entire process.

Testimonials

“Very happy with the service I received from Jones Whyte. Cameron was extremely helpful from start to finish through what was a very difficult and stressful time. He clearly explained all of my options and kept me up to date. Cameron responded very quickly to my emails and phone calls and did everything he could to make the divorce process as stress free as possible.”

“I approached Mr Charles Brown, the lead of the family law at Jones Whyte in Glasgow, as my divorce become very complicated due also to a criminal charge involved. At my first appointment with him I felt very nervous and insecure. English is not my first language and explaining to him what I was going through was challenging due to my anxiety as well. Nevertheless, from the very first moment I sat at the table with Charles, I was captured by his calm and professional attitude. Not only he is an excellent listener, but his high level of empathy made me feel understood and in safe hands from the very beginning. In a very straight forward and simple way he explained to me the options available. He is always available for follow up and further explanation if needed. He is always in charge, shows initiative and his approach to the legal matter is always factual and objective. I would highly recommend Mr Charles Brown, his valuable assistant Ms Jamie Speirs and the rest of his team.”

“I had to change lawyers towards the end of a very lengthy and stressful divorce. Jones Whyte Family Law team provided me with professional advice and support from the start and gave me confidence that it would be settled. I have recently received my Divorce Decree and I’m delighted to finally have a result which I thought would never come. The team were very knowledgeable, understanding and professional to a T. I highly recommend Jones Whyte. Contacting them was the best decision I’ve ever made and they have helped me immensely. 5 stars all round. Thank you all so much.”

FAQ’S

How do I protect my savings in a divorce?

• • The best way to protect your savings during a divorce is to consider a pre-nuptial (or post nuptial) agreement.

Can a divorce be contested?

• • Yes, spouses can still defend/contest a divorce.

Do I need to give a reason for a divorce?

• • Ultimately, in Scotland, we need grounds for divorce.