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
Clients who come to us looking for advice on applying for Guardianship are often anxious that guardianship involves an application to the court and want to know what the Scottish Courts need.
Most are unaware of the procedures and timescales involved and are surprised to learn their application has to be supported by three independent Reports from:
- the adult's GP
- a psychiatrist
- a Mental Health Officer
Why are medical reports required?
The medical reports by the GP and psychiatrist confirm to the
The outbreak of Legionnaires Disease in the Renfrew area, following on from an Edinburgh outbreak in 2012, is a timely reminder to private landlords that they have obligations to carry out legionnaires risk assessments of water systems within their rental properties.
The Health & Safety Executive (HSE) have an Approved Code of Practice and Guidance as regards Legionnaires Disease. The Code can be found here.
The Code confirms that private landlords have a duty to carry out legionnaires risk assessments on water systems in
As a divorced parent do you know if you need consent before you can take your child abroad for a holiday? When looking forward to a summer holiday, it is a question that often arises for separated or divorced parents. Do you need both parents to consent?
This can be a fraught issue and unfortunately the law does not help. The Children (Scotland) Act 1995 states that when both parents of a child have parental responsibilities and rights, the consent of both is required prior
Tribunal Repossession Application Timescales
The answer to "how long does an eviction action actually take in Scotland?" is much along the same lines as "how long is a piece of string?"
Obtaining an Order for Possession in Scotland is not a particularly quick process. If your application is straightforward and is not defended by your tenant, the following can be used as a general guide:-
Which route of repossession are you taking?
If the tenancy is a short assured tenancy:
- Compulsory Repossession: this relies on