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 OF DIVORCE
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 year separation with the consent of your husband or wife or
- 2 years separation without your husband or wife’s consent or
- unreasonable behaviour or
- adultery
FINANCIAL MATTERS
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.
ENGLAND
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
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.
If you require specific advice on Divorce in Scotland please contact Amanda Whillans or our Family Law team.
