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
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
We are often asked by clients??what kind of financial support is available to me post-divorce/post-separation/post-civil partnership??
Husbands and wives/civil partners have a legal duty to aliment one another during marriage or whilst in a civil partnership.? This means that they have to financially support one another.? This duty continues in the form of aliment after separation until divorced or the civil partnership is dissolved.? After divorce/dissolution there may also be a duty to pay a periodical allowance for a period up to 3 years after
Occupancy Rights and the Matrimonial Home - legal advice following separation.
Many people are concerned about their occupancy rights, i.e. their right to remain in the matrimonial home.
- What legal rights do married people have to remain in their family home?
- Do they have to move out if asked to do so by their spouse?
- What if the property is owned in their spouse's sole name?
Do I have to move out of the property?
Where couples are married, a spouse is under no obligation
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
It is perhaps no wonder that there are so many myths surrounding the divorce process. Many people will offer ?words of wisdom? to those going through a separation or divorce, but how many of these hold true? What are the top 5 myths about divorces in Scotland?
?1.?? My spouse had an affair so he/she will get a lower settlement from the divorce
Scotland has a ?no fault? system when it comes to divorce. This essentially means the reason for the separation is irrelevant and
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
When a relationship breaks down, there are lots of questions at what is a very emotional and anxious time. If you are going through a divorce or separation, what is the best way to deal with this. Is it mediation, or Court?
It is always wise to speak to a solicitor at an early stage who should explain:
- that every situation is different and what works for one person will not necessarily work for another
- outstanding issues can be resolved without acrimonious exchange of lawyers?