If you are going through a divorce, we understand that this is a difficult and emotional time. The divorce solicitors at Stuart & Stuart will work closely with you to provide support and guidance, helping you through each stage of the legal process so that matters can be settled as simply and straightforwardly as possible.
A divorce needn't be a battle – we will act on your behalf to reach a fair and equitable agreement that satisfies both parties as quickly as possible, avoiding unnecessary and expensive court action.
Trusted by generations of families for over 200 years, you can be assured of a personal service that is excellent value for money from Stuart & Stuart.
Divorce is the legal termination of a marriage. Dissolution is the legal termination of a civil partnership.
Other than support for children, which is dealt with separately, all the financial issues between separated spouses or civil partners must either be agreed prior to divorce/dissolution, or decided by the court at the time divorce/dissolution is granted.
In the case of a marriage, there must exist a ground of divorce. There are four such grounds:-
- Unreasonable behaviour
- Separation for a period of at least one year and your spouse consents
- Separation for a period of 2 years, when no consent is required
In the case of a civil partnership, the grounds for dissolution are the same as those for divorce, except for adultery.
The “Simplified Procedure” for divorce/dissolution applies where you and your spouse/partner have been living separately for at least one year, where there are no outstanding financial issues, and where there are no children of the marriage/partnership under the age of 16. This procedure is very efficient and inexpensive.
In all other cases, there requires to be a divorce/dissolution action raised in court. That is usually the Sheriff Court, or in high value, complex cases, it may be prudent to use the Court of Session.
What is the legal process for getting a divorce?
In Scotland, there are two procedures for obtaining a divorce. The procedure that will be used will depend on your circumstances.
Simplified Divorce or Simplified Dissolution Procedure
The Simplified Procedure can be used in cases where:
- The couple have no children under the age of 16
- There are no financial matters to be settled
- The couple have been separated for over one year
- Both parties agree to the divorce or dissolution
Ordinary Cause Divorce or Dissolution Procedure
The Ordinary Cause Procedure will be used when one or more of the following apply:
- The divorce is proceeding on the grounds of adultery
- The divorce or dissolution is proceeding on the grounds of unreasonable behaviour
- The parties have not been living together for over one year and both consent to the divorce/dissolution, or where they have been separated for over two years
- The parties are disputing financial matters
- Agreement has not been reached on child care arrangements – however, this procedure will be necessary in all cases where there are children of the divorce/partnership under the age of 16
The emotional trauma of separation can often result in a spouse or partner behaving unreasonably towards the other. That can range from verbal abuse to physical violence.
Our Family Law solicitors can give detailed advice on obtaining protective remedies from the court and, if necessary, we can assist in arranging interdicts, non-molestation orders, and protection from continued abuse.
Contact our Divorce Solicitors in Edinburgh, Bonnyrigg and Penicuik
Our divorce lawyers appreciate that every couple's circumstances are different. We will provide clear, jargon-free legal advice that is uniquely tailored to your needs. Our solicitors are approachable, friendly and courteous and are experts across all aspect of family and divorce law.