Divorce & Separation Lawyers
Divorce & Separation Lawyers
We understand that divorce and separation can cause enormous stress. Our lawyers are here to support you through this challenging time, providing clear and pragmatic legal advice. We are proud to help many families, like yours, to resolve their issues amicably and quickly, and to achieve the best possible outcome for their loved ones.
If you are considering separation or divorce, we strongly recommend early legal advice from an experienced Family Law lawyer to safeguard your position. Please contact us to find out how we can help you.
Regrettably, many marriages still end in divorce. The breakdown of any relationship is difficult, and parties will need detailed professional advice on their rights and obligations.
Can I Get a Divorce?
To be able to divorce your spouse, your marriage must have broken down irretrievably. This will have happened if one or more of the four conditions below apply:
- You have been separated for over a year, and your spouse consents to the divorce.
- You have been separated for over two years and your spouse does not consent to the divorce.
- Your spouse has displayed unreasonable behaviour.
- Your spouse has committed adultery.
If you are unsure about whether you can get a divorce, for example, if you do not know if your spouse’s behaviour would be considered ‘unreasonable’, do contact our lawyers for guidance relevant to your circumstances.
The Simplified Procedure
If there are no children under the age of 16 and neither party wishes to make any financial claims on the other, the divorce proceedings can be raised under the Simplified Divorce Procedure. You can obtain the appropriate application form from your local Sheriff Court. However, it is still recommended to consult a lawyer before making your application.
The Ordinary Procedure
If you have children under 16 and/or financial issues to resolve with your spouse, you must follow the Ordinary Procedure. This is a far more complex process for which the Scottish Courts strongly advise you seek legal advice.
Our Divorce lawyers will guide you through the process and support you while negotiating financial and child maintenance and contact arrangements with your spouse. We believe negotiation, mediation and other forms of Alternative Dispute Resolution (ADR) are the most effective. We always aim to spare you the stress and cost of court proceedings. However, if you and your spouse are in a stalemate situation and a court hearing is necessary, we will protect your position with determination.
The breakdown of any relationship can be traumatic and stressful. Your lawyer can help if you and your spouse have decided to separate. We are committed to the constructive resolution of family law disputes in Scotland.
There will be several issues that arise when separating from your spouse. The main are as follows:
- Residence of children
- Contact arrangements
- Child maintenance
- Spousal aliment
- Rights to succession
- Division of capital estate
Most separating couples manage to resolve matters through negotiation. This is generally by an exchange of correspondence between the parties' lawyers or attendance at family mediation. Where negotiations are successful, a Separation Agreement will be completed. However, if matters cannot be agreed, court proceedings must to be raised.