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
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
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
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