How to Divorce in Scotland

It is not easy to think about how to divorce, particularly where there are important issues regarding children and property upon divorce. Family lawyers can assist with such issues to help guide you through the relevant legal processes.

Going to court for a divorce in Glasgow?

In most cases, going to court for a divorce is not required. If there are no children under the age of 16 and the grounds of separation have already been established, then the divorce can proceed faster than usual.

Where children under 16 are involved, or where there is a dispute over financial issues, the divorce has to proceed by way of what is called an ‘Initial Writ’.  Even in this instance you may not have to go to court as most of these cases are resolved through Affidavit evidence.  This involves one of the parties and their witnesses signing sworn statements showing that the grounds for divorce have been met, and that the children are being well looked after. This can be done a family law solicitor’s office.

We have provided more information on frequently asked divorce questions.

Grounds of divorce under Scots Law

To get a divorce, your marriage has to have ‘broken down irretrievably’.  In Scots Law, this can be established by adultery, desertion, unreasonable behaviour or separation.

How long does it take to get divorced?

In the case of separation, you can get divorced on the basis of one year’s separation if both of you agree.  After two years, either of you can apply for a divorce, even if the other person doesn’t consent to it.

Divorce on the grounds of adultery, desertion or unreasonable behaviour can go ahead once the grounds have been established.

How long do you need to be married for before you can apply for a divorce?

There’s no time limit on how soon you can apply for divorce after you are married.  Once the grounds are established you can go ahead with the divorce.
Can you get divorced in Scotland if you were married in England?

You don’t have to get divorced in the country where you were married - these days it is quite common for people to get married in foreign countries.If either of you live in Scotland, or is ‘domiciled’ here (meaning your main home is here) then divorce proceedings can be brought before the Scottish courts.At CBC Solicitors we have expert divorce lawyers who have significant experience in helping individuals understand how they are going to get divorced.

Contact our divorce lawyers in Glasgow & Rutherglen today

CBC Solicitors have expert family lawyers who will guide you through the legal processes you will face whilst going through a divorce process and give you practical advice on all the aspects of the law you need to know about.

Contact our family lawyers on 0141 647 9851 and ask for Susan or Esther or contact us via our online enquiry form.