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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

Divorce in Scotland

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The idea of divorce can be daunting, however, we offer a compassionate and efficient service which helps clients through this process.

What are the grounds for divorce?

In Scotland, if your marriage has broken down irretrievably and there is no prospect of reconciliation, you can apply for divorce on one of the following grounds:

  • You and your spouse have been separated for one year and your spouse consents to the action being raised;
  • You and your spouse have been separated for two years or more. In this case you can proceed with an action of divorce and you do not require your spouse’s consent;
  • Your spouse has committed adultery and you are able to prove this. In this case, you are able to proceed with an action of divorce immediately following your separation.
  • Your spouse has acted unreasonably, so much so that you could not reasonably be expected to continue a relationship with them. In this case, you are also able to proceed with an action of divorce immediately following your separation. Examples of unreasonable behaviour include abusive behaviour and addiction.
  • If an Interim Gender Recognition Certificate has been issued to either party of the marriage under the Gender Recognition Act 2004.

What is the process?

You can either apply for Divorce by way of the Simplified Procedure or the Ordinary Procedure.

  • Simplified Procedure

Parties can follow this procedure if there are no outstanding financial matters in respect of the parties’ separation and where there are no children of the marriage under the age of 16 years.  This is the most straightforward procedure to follow and is generally more time and cost effective for parties.

  • Ordinary Procedure

If you are unable to utilise the Simplified Procedure, then in all other cases the Ordinary Procedure must be followed.  This can be a much more time consuming and expensive process.

Divorce Lawyers Glasgow, Scotland

If you are in the process of separating from your spouse and require advice please contact our Family Law Team.

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