Legal support for separation and divorce

A solicitor can help with legal matters like getting a divorce, dividing property or belongings and making arrangements for children.

Choose a solicitor who specialises in family law if possible. You can check for solicitors who practice family law in your area at the Family Law Association website.

If you are on a low income you may be entitled to legal aid to help with the costs. Not all solicitors offer legal aid, you can find those who do through the websites of the Family Law Association and Scottish Legal Aid Board.

Finding a solicitor

Choosing the right solicitor is important. Get personal recommendations from family or friends who have used a family law solicitor. It is important to try to get this right from the start as changing solicitors ‘mid-stream’ can be difficult.

You can check for solicitors who practice family law in your area at the Family Law Association website.

Paying for a solicitor

If you are on a low income you may be entitled to legal aid to help with the costs.

Not all solicitors offer legal aid, you can find those who do through the websites of the Family Law Association and Scottish Legal Aid Board.

For more information see Help to pay for legal services.

Meeting with your solicitor

When you go to your first meeting with a solicitor you will need to take two forms of identification showing your name and address. One form could be a council tax statement, bank statement or utility bill dated within the last three months. The other should be a form of photographic identification such as a passport or driving licence.

Without this information your solicitor may not be able to proceed.

You may also want to take your marriage certificate and children’s birth certificates if you have them.

You should be prepared to provide your solicitor with the following information:

• details of all children in the home (even if not from this marriage), their dates of birth and schools they attend
• contact details
• details of employment
• an estimate of the value of your property and mortgages/loans with details of the lender
• details of any other assets including pensions
• a list of your debts including credit and store card details
• a brief summary of your financial expenditure
• if you have been married, details about the divorce and any court orders made

What if I can’t find a solicitor willing to take my case?

If you find that no solicitor will take your case, it’s a good idea to get in touch with either:

• the Scottish Child Law Centre
• Citizens Advice

One of these organisations can give you initial advice and may help you to find a suitable solicitor.

CALM mediators are family lawyers who have at least seven years of family law experience.

They have also trained as mediators and been accredited by the Law Society of Scotland as Family Law Mediators. They can deal with all issues arising from separation and divorce including child related matters, financial and property issues.

The mediator is non-judgemental and will assist parents in reaching a mutually acceptable resolution. An hourly rate is charged and the cost is shared between the couple in whatever proportion they agree. Costs can be met through legal aid, if you qualify.

Find a CALM mediator.

The collaborative process aims to avoid drawn-out legal disputes and gives separating couples a way of working out a solution together. Each person has their own solicitor who will advise them throughout the process.

A series of meetings take place which the separating couple and both their solicitors attend. Each meeting will be focused on resolving any disputes over finances and/or the arrangements for the children. The overall aim is to reach an agreement which can be drawn up by the solicitors in a formal Minute of Agreement.

Sometimes other professionals are involved in the collaborative process, such as financial advisers and family therapists.

The collaborative process is based on a contract which the separating couple and their solicitors sign.

Find a collaborative family lawyer.

Scottish Child Law Centre

The Scottish Child Law Centre provides free expert legal advice and information on issues concerning children.

Scottish Child Law Centre website

Clan Child Law

Clan Child Law’s free helpline provides information if you’re looking to find out about a child or young person’s rights or how the law affects a child or young person.

Email: helpline@clanchildlaw.org

Advice line: 0808 129 0522 

The helpline is open Monday to Friday 9 – 1pm and 2 – 5pm.

Relationships Scotland

Relationships Scotland’s network provide relationship counselling, family mediation, child contact centres and other family support services across all of mainland and island Scotland. Our work supports individuals, couples and families experiencing relationship difficulties. Around 40,000 people have contact with our services each year.

Services and information include:

• relationship counselling
• family mediation
• child contact centres