Divorce and Dissolution of a Civil Partnership

Grounds for divorce

There are two legal grounds for divorce in Scotland:

• The marriage has broken down irretrievably or
• you or your partner has obtained an interim gender recognition certificate.

Irretrievable breakdown of a marriage can be:

• Unreasonable behaviour
• Adultery
• Separation for at least one year where both you and your partner consent to divorce
• Separation for at least two years where there either you or your partner does not consent to divorce.

Relevant date

The date of separation, known as the relevant date, is very important when it comes to divorce. It is the date when a married couple actually separate from each other. This usually means that you start living in different accommodation but you can also live separately under the same roof. Most significantly, it is the date when matrimonial property is valued for separation/divorce/dissolution purposes. It is also the date used to determine one or two years separation if this is being used for grounds for divorce.

Keep a record of this date.

The divorce or dissolution procedure

Simplified or do-it-yourself  procedure

You may be able to use this procedure if:

• Your marriage/partnership has broken down irretrievably
• You and your partner consent to the divorce/dissolution and you have lived apart for at least one year
• Either you or your partner does not consent to the divorce/dissolution but you have lived apart for at least 2 years
• There are no children under the age of 16
• There are no financial matters to sort out

How to apply for a divorce or dissolution using the simplified procedure

You can apply for a simplified divorce or dissolution by completing a form.

For more information, including forms, guidance and costs see: simplified/do it yourself procedure

Ordinary/non simplified procedure

You will need to use this procedure if:

• Your marriage/partnership has broken down irretrievably
• You have children under 16 years of age
• You and your partner cannot agree on how to divide property, finances or assets

How to apply for a divorce or dissolution using the ordinary procedure

The ordinary procedure is more complicated that the simplified procedure so you may need the help of a solicitor.

For more information see: ordinary/non simplified procedure

The cost of a divorce

The divorce or dissolution process can cost anywhere from around £130 using the simplified procedure to £6,000 or more if you use the ordinary procedure. How much it actually costs will depend on a variety of factors like whether there are disputes over money, property or children, whether welfare reports are required and the number of solicitors involved in the case.

Obtaining a divorce or dissolution will be more expensive using the ordinary procedure than the simplified procedure even if there are no financial or child-related matters to be sorted out.

Your solicitor will be able to advise you on all of this.

Minute of Agreement

If you and your partner can reach an agreement on financial matters, child contact arrangements and sharing of property your solicitor can draw up a formal Separation Agreement known as a Minute of Agreement. This may reduce the cost of your divorce/dissolution.

Minutes of Agreement are usually registered in the Books of Council and Session, which means they are legally binding, enforceable contracts.

Sometimes you can reach an agreement after the divorce is already underway in the courts. In this case, the settlement that is eventually reached is called a Joint Minute of Agreement.