How To Get A Divorce

Partner & Head of The   Charles Brown answers your most frequently asked questions on divorce.

Divorce in Scots Law is based on an irretrievable breakdown of the marriage.  An irretrievable breakdown can be established by way of one-year separation with both parties consenting; two years separation; adultery (not open to same-sex married couples); or unreasonable behaviour.

An agreement in relation to outstanding financial matters generally requires to be entered into before can be finalised.  The quickest a divorce can be dealt with is generally around 3 months, but that is only in a situation where there is an agreement by both parties and no outstanding financial issues.  If financial issues cannot be agreed the court requires to determine these.

These are properly called Simplified Divorces.  A divorce can only proceed in this manner when there are no children under 16 years of age and no outstanding financial issues.  The parties must also have been separated for at least 1 year.  Simplified Divorces can be dealt with more quickly than Ordinary Divorces and tend to be less expensive.

Parties to a divorce only need to attend court in a small percentage of cases.  Most divorce actions are dealt with by way of the lodging of documents, such as the lodging of affidavits (sworn statements) which avoid the need to attend court.  However, on occasions, parties do require to attend at court when matters are contentious.

The purpose of a Separation Agreement (property called a Minute of Agreement) is to record agreement about financial issues and, on occasions, arrangements in relation to children.  An application is still required to the court thereafter to have divorce dealt with, but the cost of applying for a divorce following upon a Minute of Agreement is much lower and the timescale is generally much quicker.

Whatever your situation, the Family Law team at Jones Whyte can help you: please get in touch on 0141 736 0011 or via the online .