Splitting up from your spouse can be a traumatic time, so it’s useful to know the facts before you start the ball rolling. If you are thinking of parting ways with your spouse, here’s an overview of the separation and divorce process in Scotland, plus some useful tips to help you prepare in this article.
Grounds for divorce in Scotland
Before you apply for a divorce, consider what the grounds will be. In Scotland, there are a number of divorce grounds. This includes, irretrievable breakdown of the marriage, a year’s separation if both parties consent to the divorce, and two years if one party does not consent. Adultery, unreasonable behaviour and the application of an interim Gender Recognition Certificate are also grounds. Typically, the separation grounds are the most common.
Do I need a family lawyer?
Although it is always a good idea to seek professional advice when you are thinking of a divorce, a legal expert will be able to guide you through the process and provide helpful facts and information for you to consider. However, you can directly apply for a divorce in Scotland by applying through a sheriff court and paying a fee.
Weigh up your options without court proceedings
If you are in a position where you think you can resolve matters amicably with your spouse, there are several routes you can take:
- Firstly, you can try to settle things between just the two of you. Although this is not always possible, doing so will free you from paying court fees and other legal costs involved in taking your case through the courts. It’s particularly worth considering if children are involved and you want to ensure they are not affected negatively by conflict during proceedings.
- Another option is mediation. This is a good route if you cannot agree on matters but feel that you could eventually find a resolution. Going through mediation will potentially save you time as well as money.
- As an alternative to mediation, you could try Collaborative law which also negates the need to go to court. In this approach, you will engage in constructive discussions with your legal representatives and your spouse to make a final binding agreement.
- If you do not want to meet with your ex, matters can be dealt with via your solicitor who will discuss, negotiate and resolve matters on your behalf with your spouse’s solicitor.
Dividing your assets in divorce
In Scotland, financial assets you acquired during the marriage will be put inside the marital pot for division. In England, assets you acquired before you got married are put in the marital pot too. In all legal matters, it’s prudent to be prepared. This can help reduce both stress and costs.
Begin gathering as much financial information as possible. This could translate to locating all relevant bank account details, wage slips, a pension valuation and business/investment accounts. You may also want to get your property valued. Remember, you will be required to fully disclose all financial information when dividing assets, and if you fail to do so your spouse is at liberty to apply to the court to make an order for you to provide the necessary financial information.
Finally, try to stay amicable
In cases where there has been domestic violence, or difficult conflict, being convivial with your spouse during a divorce is simply not achievable. That said, if you can stay respectful and civil, you can significantly lower the emotional and financial impact of a divorce. Ensure you have a strong network of support through friends, family or perhaps through a support organisation or group or professional counsellor who will help you come through the other side.
