Divorce

In Scotland, a husband and wife can apply for divorce when the marriage has broken down irretrievably on one or more of the four grounds of divorce, which are, adultery, unreasonable behaviour, one-year separation (with consent), and two-year separation.

Simplified Divorces

An application for divorce under the simplified procedure on grounds of one- or two-year separation is available where there are no children under sixteen years or financial claims.

Action for Divorce

In all other circumstances, a marriage can only be dissolved by a formal divorce action. The party who raises the action, the Pursuer, must prove to the Court that the marriage has broken down irretrievably and without prospect of reconciliation by reason of one or more ground of divorce.

Both parties to the action can make ancillary claims for financial provision in the form of a capital payment, transfer of property, or pension sharing order; and for parental rights such as a residence and contact order.

In Scotland, since 2014, same sex couples have a choice of three legally recognised relationships: cohabitation, civil partnership, or marriage. If a same sex marriage breaks down, the couple can move for a divorce. They enjoy the same rights and entitlements as ‘traditionally’ married couples.

At Cameron Macaulay, we have unrivalled experience in dealing with divorce gained over 35 years of practise. We can advise you on all aspects of divorce and help you obtain a financial settlement.

For advice and assistance, please contact us on 0141 204 7844, at mail@cameronmacaulay.law, or complete our online form.