Divorce in Scotland – Grounds, Finances, and Simplified Divorce Explained
The start of a new year is always a busy time for Family Lawyers dealing with divorce matters. This year 9 January 2023 was even deemed as “Divorce Day”. If you are thinking about divorce then you should seriously consider speaking to a family lawyer.
Grounds for Divorce in Scotland
A family solicitor will explain the grounds for divorce and whether you can raise a divorce action. The grounds of divorce in Scotland are:
1. 1 year separation with the consent of your husband or wife or
2. 2 years separation without your husband or wife’s consent or
3. Unreasonable behaviour or
4. Adultery
Financial Matters in Divorce
Although it is a divorce that you are looking for, that is actually the last matter that would be agreed. Before a divorce is finalised all financial matters should be discussed, agreed and recorded formally. This is very important as in Scotland once you are divorced you cannot make a financial claim. Ideally any matters relating to children under sixteen should also be dealt with prior to the divorce, although these can be raised in court at a later stage.
Divorce in England vs Scotland – Key Differences
In 2022 the divorce laws in England changed to fall in line with the Scottish idea of a “no blame” divorce. However, the English laws regarding divorce still differ from Scotland and if you are looking for a divorce in England you will need a solicitor trained in English law.
Simplified Divorce in Scotland
If you do not have children under 16, then a Simplified Divorce application may be the way forward. You would also need to make sure all financial matters had been agreed. As the name suggests, it is a simple way for a divorce action to be granted and is also cheaper and quicker.
To make the best decisions regarding a divorce, it is always advisable to seek initial legal advice from a Family Lawyer so that you know you are fully informed and making the right decisions at a very difficult time.
Speak to a Family Lawyer About Your Divorce Options
If you need clear advice on divorce in Scotland, our Family Law solicitors in Glasgow and Edinburgh are here to help. Contact our team today for confidential support:
