We are often asked the question - how do I get divorced in Scotland? In order to obtain a divorce you must raise an action in a Court which has jurisdiction. Jurisdiction normally means that you raise the action in the Court nearest to you. Before contemplating where to raise an action you must determine whether you can raise a divorce action or not. In order to raise a divorce action, you must have the legal ground to do so. In Scotland there is one
If you are looking for divorce settlement advice, do you want to know why hiding assets doesn't pay? The law in Scotland relating to separation and divorce settlements requires a split of all property that is 'matrimonial' in nature. Each spouse must openly and honestly disclose all assets held by them as at the date of their separation. Unfortunately, it seems that some people can't resist the temptation to lie or cheat in order to keep at least a portion of those assets to themselves.
When your marriage ends, do you know how to find a divorce lawyer you trust, to advise and represent you during the divorce process? Online search engines or recommendations from friends are an increasingly popular way to find a divorce solicitor.
To maximise this method however you should carefully consider the following before finding a divorce lawyer who's right for you.
Are there particular areas of your divorce/separation that will benefit from particular expertise? E.g. do you need a lawyer with extensive child law
According to Scottish Government divorce statistics in 2012, a total of 13,679 family cases were initiated in the civil courts during 2011/12, a decrease of 6% on 2010/11. Divorce actions accounted for 78% of the total figure, with actions concerning parental rights and responsibilities accounting for 17%.
A total number of divorces granted during 2011/12 was 9,453, a decrease of 2% compared to the previous year.
What was the most common procedure?
Of those 9,453 divorces granted, 62% used the Simplified Procedure ("quickie divorce") and
Do you need separation or divorce legal advice?
The recession has meant that many couples who are going through a separation or divorce cannot afford for one of them to move out of their matrimonial home. This situation is far from ideal and can cause conflict and tension within the household.
A question routinely asked by clients is "can they ask their spouse to move out of the matrimonial home?" The answer is yes but the spouse has to agree. This is because married couples
A new rule came into effect on 1 August 2012 for the divorce process. In divorce cases with a financial element, whether it is a claim for a capital sum or sale of the matrimonial property, both parties must complete a Form 13A.
This form must be completed by the party raising the action before the action is raised in Court. The form asks for details of matrimonial property and debts as at the relevant date.
What is matrimonial property and debts?
- Matrimonial property is
We are frequently asked - do I need to change my Will after divorce? The focus is usually on immediate worries, such as the arrangements for the children, the household bills and the family home. Although it is necessary to get advice about such matters, it is equally important to think not just about the past, the present and the immediate future, but also to plan ahead and think about how divorce and separation can affect your Will.
- If you separate from your spouse but
When parents are going through divorce and separation - what about the child benefit? A child can often divide his or her time between two households over the course of a week. This can be an ideal arrangement, allowing the child to maintain a close relationship with both mum and dad. There can however be unforeseen financial implications if either or both parent receives benefits.
Shared care does not mean shared benefits. This can cause significant practical difficulties where one or both parents rely on
Is there a difference in offering divorce advice for women? There are a number of publications offering advice for men going through divorce, and just as many tailored specifically for women.? But in Scotland does the client?s gender really affect the advice tendered by a lawyer?
Divorce can be difficult and emotional and without good legal advice, mistakes can be made that are not easily rectified.? Typically solicitors provide divorce advice for men and women, following a marital breakdown on two main issues;
Do you know how to get a quick divorce in Scotland?
There are two ways you can apply for a divorce in Scotland. The first is the ordinary divorce procedure (used if there are children from the marriage under the age of sixteen and/or a financial claim is being made) and the second is the simplified divorce procedure, often referred to as a quick divorce.
Simplified divorce procedure (quick divorce)
The process has been designed for someone to apply for a quick divorce in Scotland
We are often asked - when can I get a divorce in Scotland and how long does it take? You can get divorced in Scotland if your marriage has broken down irretrievably.
What options are open to me?
- If your husband or wife has committed adultery you can raise a divorce action immediately. However, if you proceed on this basis the divorce writ will have to:
- name the person with whom your spouse formed a relationship
- be served on that person
- If the