Whether it is your wish or that of your spouse, divorce can be traumatic. Often, the uncertainty of the future financially, and indeed change itself is very worrying and unsettling. We aim to support you through this and to achieve the best possible outcome for you and your family in the manner least destructive of your relationships. We will provide specialist advice in relation to the division of matrimonial property and ongoing financial support all in terms of the Family Law (Scotland) Act 1985.
There are four grounds of divorce in Scotland;
Your spouse's adultery.
Your spouse's unreasonable behaviour.
That you have been separated for a year and that your spouse consents to the granting of a decree of divorce.
That you have been separated for a period in excess of two years.
If you have children under the age of 16 years, it is necessary for an ordinary action to be raised at Court. The Court requires to be satisfied that the arrangements for children are appropriate before Decree of Divorce can be granted. If the financial issues have not already been resolved, then the Court will determine the division of the matrimonial property. The Court can make various orders including but not limited to the sale or transfer of property, payment of a capital sum, a pension sharing order, pension transfer order or pension earmarking order, and payment of aliment and/or periodical allowance (Maintenance). If all the financial arrangements have been agreed and incorporated in a separation agreement, then divorce itself is usually straight forward. If there are no children under the age of 16 and you and your husband or wife have been separated for one year and your husband or wife consents you can use the Simplified Divorce Procedure. Likewise, if you have been separated for two years, have no children under the age of 16 and have resolved the financial issues, it is not necessary to obtain your spouse's consent, and you can divorce under the Simplified Procedure.