
Divorce solicitors in Scotland
Our divorce lawyers, based throughout Scotland with offices in Glasgow, Edinburgh, Inverness, Moray and Shetland, specialise in all types of divorce, dissolution and legal separation.
Overview
Divorce & Separation Lawyers
The end of a marriage or civil partnership can be a very difficult time, not only for the separating parties but also for any children. There are often many matters that require being resolved before it is possible to secure the outcome of a divorce or dissolution.
Our divorce solicitors specialise in all types of divorce proceedings, dissolution and legal separation so whatever your situation, we are here to provide expert advice that suits your needs. This may include financial, property or issues related to child arrangements and child welfare. We will discuss your circumstances with complete discretion and understanding before providing tailored advice for you, helping to make the process as straightforward and painless as possible.
In any separation or divorce, the division of finances can be a complicated and difficult task. This may be due to there being several financial issues such as assets or debts/liabilities owned jointly, or in your sole names which will require to be untangled and divided during the divorce process. Our expert divorce solicitors will provide specialist advice and help you to work through the complex legal process as smoothly as possible.
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FAQS
Common questions about divorce & separation
What is a divorce?
When can I get a divorce in Scotland?
How do I get divorced?
How are finances split in a divorce?
What happens if we can’t agree who the children should live with?
Do I need to go to court to get a divorce?
What is legal aid?
Other frequently asked questions
What is a divorce?
Answer
A divorce is the legal termination or end of a marriage otherwise than by death by the granting of a Decree of Divorce. Dissolution is the term given to describe the legal termination of a Civil Partnership. A divorce or dissolution will be granted by the Sheriff Court or the Court of Session.
When can I get a divorce in Scotland?
Overview
In Scotland, a divorce of marriage can be established on four separation grounds. A dissolution of a civil partnership can be granted on any of the below grounds other than adultery.
- Adultery – whereby one party has engaged an affair or relationship with another individual of the opposite sex
- Unreasonable Behaviour
- Where the parties have been separated for a period in excess of one year and the other spouse provides their consent
- Where the parties have been separated for a period in excess of two years
Prior to a divorce being granted, a Court will need to be satisfied:
- The financial aspects of the separation have either been agreed or determined by the Court.
- The long term care arrangements for any children under the age of sixteen have been agreed, failing which determined by a Court.
How do I get divorced?
Overview
There are two main types of divorce proceedings.
The Simplified Procedure is only available where:
- There are no children of the marriage or partnership under the age of sixteen years
- There are no financial matters to be resolved
- The parties have been separated for a period in excess of one year
- Both parties agree to the Divorce or Dissolution proceeding
The Simplified Procedure is cheaper and quicker than the Ordinary Cause Procedure.
The Ordinary Cause Procedure is required whereby one party wishes to divorce or dissolve a civil partnership, and one or more of the following apply:
- The divorce is proceeding on the grounds of adultery (only available to marriage and not Civil Partnership)
- The divorce is proceeding on the grounds of unreasonable behaviour
- There are financial matters at dispute between the parties
- The arrangements for the children are not agreed
- A Divorce under this procedure can however also be raised on the grounds of one year’s non cohabitation with consent of the other spouse, or whereby the parties have been separated for a period of two years.
- This option of divorce proceedings is necessary where there are children of the marriage or partnership under the age of sixteen years.
How are finances split in a divorce?
Overview
What happens if we can’t agree who the children should live with?
Overview
Do I need to go to court to get a divorce?
Overview
In cases of a simplified divorce, no attendance at court by the parties is required.
In Ordinary Divorce actions, if the divorce is not defended or opposed by the other party, then usually there would be no requirement for either party to attend court. In the event that a divorce is disputed and defended, depending on whether the court action fully progresses to a final hearing, both parties attendance at court may be required for certain types of court hearings.
What is legal aid?
Overview
Legal aid is a governmental support system that helps cover legal costs for individuals who may otherwise struggle to afford them. If you are unable to cover the associated legal costs of hiring a divorce lawyer, you may be eligible to apply for legal aid. This service ensures that everyone has access to justice, regardless of their financial situation. However, it’s important to note that not all legal firms offer this service. At Harper Macleod, we don’t offer legal aid services. Nevertheless, if you are in need of such support, there are legal aid divorce solicitors available who can assist you. For more information, visit the following site – https://www.mygov.scot/legal-aid.
Other frequently asked questions
Overview
Find more frequently asked questions about divorce by clicking the link.
Dealing with Mental Health or Capacity within the Divorce process in Scotland.
Harper Macleod divorce lawyers
At Harper Macleod, we will work with you to understand your position and assist you in achieving the best outcome for you and your family. Our firm serves as a one-stop shop for all your legal needs, ensuring a cost-effective, responsive and empathetic service.
Thinking about getting a divorce and would like to talk to an experienced team of divorce solicitors? Call your local office today or submit a service form for a call-back.
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CONTACT US
Call us for free on 0141 227 9545 or complete our online form below to submit your enquiry or arrange a call back.