In this article, we’ll discuss what the differences are between getting a divorce in Scotland compared to England.
Since April 2022 the rules surrounding divorce in in England have changed dramatically, making the differences between getting a divorce in Scotland and England bigger than ever.
In England and Wales changes to the Divorce, Dissolution and Separation Act (2020) introduced the ‘No Fault Divorce’, a way in which people can get divorced without placing blame. These changes however do not relate to people who want to get a divorce in Scotland.
In this article we will be comparing getting a divorce in Scotland to getting a divorce in England.
Divorce in Scotland
Before 2006, divorce laws in Scotland and England were incredibly consistent. Both stated that the sole ground for divorce was the irretrievable breakdown of the relationship, and this had to be proved using one of the 5 legal reasons for divorce.
A divorcing spouse could place blame for the divorce on their ex-partner by:
- Showing proof of adultery
- Showing proof of unreasonable behaviours
- Over two years of desertion
- Over two years of separation with consent
- More than five years separation without consent
However, in 2006 divorce laws in Scotland were updated to what they are today. Because of these reforms, people divorcing in Scotland can get divorced after one year of separation with consent, or two years of separation without. Additionally, desertion is no longer classes as a valid reason for divorce.
No Fault Divorce in England
The reforms that took place in Scotland regarding divorce laws where not introduced in England. Instead divorce laws in England stayed the same until April 2022 when the no fault divorce laws where introduced.
The no fault divorce laws removed the need for a couple to provide grounds for their divorce. Now, the new law only requires an individual or the couple to provide a statement declaring the irretrievable breakdown of the marriage.
The new laws also made changes to the legal language used during a divorce. This was done to make it easier for people to understand the different stages in a divorce, for example, the decree nisi was renamed the conditional order.
On top of this, divorce laws in England now no longer allow a divorce to be contested, except for in extremely limited circumstances.
Key difference between divorce law in Scotland and England
Divorce laws in Scotland differ to those in England, here are just a few of the key distinctions you can expect to see…
Grounds for Divorce
In both England and Scotland, the sole ground for divorce is the irretrievable breakdown of the marriage. However, whereas in England applicants only have to state this in the application, divorce laws in Scotland require divorce applicants to provide proof of the relationship breakdown.
This proof must be:
- Adultery
- Unreasonable behaviour
- Two years of separation without consent
- One year’s separation with consent
Contesting a Divorce
In Scotland it’s possible to contest a divorce whilst in England it’s not. Divorce laws in Scotland allow a spouse to contest a divorce by denying the allegations made against the. For example, they may claim that they did not commit adultery. If proven, the divorce may be denied.
In England on the other hand, there is no need to provide proof for the divorce an as such it cannot be contested.
Applying for Divorce
In Scotland, a divorce application can only be submitted by one person. In this application they have to place blame on their spouse in order to be granted a divorce. In comparison, English applicants can either make a sole or a joint application for a divorce.
Financial Matters
When it comes to a divorce and the division of finances, financial settlements, and other financial matters, there are differences between how finances are handled in Scotland compared to in England.
In Scotland the divorce and any financial proceedings are connected. Because of this, a divorce cannot be finalised until all financial matters have been resolved.
In comparison, financial proceedings in England are completed separately to the divorce, in fact a financial order cannot be made until the divorce has been finalised. Because of this, it’s possible for action to be taken in regard to finances relating to divorce even years after the divorce has taken place.
Getting a divorce in England and Scotland…
As you can tell from this article, there have been some major changes to the divorce process in England that don’t apply to Scotland. If you’re seeking a divorce in either country be sure make sure to consult a legal professional to check what route of divorce is best to proceed with.
Please be advised that this article is for general informational purposes only and should not be used as a substitute for advice from a legal professional. Be sure to consult a family law solicitor if you need support during or after a divorce. We are not liable for risks or issues associated with using or acting upon the information on this site.
