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The divorce process in Scotland
In Scotland, to obtain a divorce, it is necessary to demonstrate that the marriage has irretrievably broken down.
There are essentially four ways to establish this: -
1. unreasonable behaviour;2. adultery;3. one year of separation by consent; or4. two years of separation without consent.
These grounds do not have a direct bearing on financial arrangements for the divorce. Other than in some exceptional circumstances, the reason for the breakdown of the marriage and who is at fault is not relevant to the financial settlement. Neither party will be penalised financially for their behaviour.
A civil partnership is legally ended by dissolution rather than divorce, but the process is similar.
Financial & childcare decisions
In Scotland, disputes concerning finances and children are expected to be resolved before a couple can divorce. Rather than the priority being to lodge divorce proceedings, this means that the initial focus is on what most couples are most concerned about, that is, negotiating the financial and childcare arrangements. The results of this negotiation can then be recorded in a binding written agreement.
A comprehensive family law service
We are here to help relieve the stress and ensure your interests are protected.
Matrimonial problems can be both emotional and stressful. Our approach is to be sympathetic and sensitive, using our experience and negotiating skills to try and bring about a satisfactory result as soon as possible. Sometimes the issues that arise also require services that involve not just family law but property law and, where a family business is involved, commercial law. As a firm, we are well placed to advise on all the different aspects of a divorce that may arise.