Scottish Divorce Law

There are two routes to divorce under Scottish law.

If you wish to divorce your spouse (or dissolve your civil partnership) in Scotland, you can go about this in two ways. If you go for what is known as an ordinary divorce, you must consult a solicitor. However, if you meet certain criteria, you may be able to secure what is known as a "do-it-yourself" divorce. You can only apply for this simplified divorce procedure if your spouse is not contesting the divorce.

Residence Requirements for Do-It-Yourself Divorce

At least one member of a couple seeking divorce must be resident in Scotland.

As explained by the divorce guidance leaflet of the Scottish Courts Service, you and/or your spouse or civil partner must be "habitually resident in Scotland" before you can apply for the simplified (do-it-yourself) divorce procedure available under Scots law.

The divorce guidance leaflet advises that nationals of member states of the European Union may also be able to apply for do-it-yourself divorce and that if you fall into this category, you should seek advice from your local Citizens Advice Bureau or Sheriff Clerk's office.

Grounds for Divorce under Scottish Law

Irreversible breakdown of marriage is the usual grounds for divorce.

Scots law recognizes two legal grounds for divorce. One is that a marriage has broken down irretrievably; however, you must be able to demonstrate this to the court by stating that this breakdown is because of adultery, unreasonable behavior or separation between the two people involved. You may seek a divorce after one year of separation with your spouse's consent or after two years of separation if your spouse does not consent.

If you are applying for a divorce because of adultery or unreasonable behaviour, you do not have to wait for any minimum period of time to elapse before doing so.

The other reason for divorce in Scots law is if your spouse medically and legally changes gender.

Simplified or "Do-It-Yourself" Divorce

If your spouse objects, you cannot proceed with a do-it-yourself divorce.

You may apply for a do-it-yourself divorce without informing your spouse. However, the courts will then inform him or her that you have initiated proceedings. If your spouse objects to the divorce going ahead and withholds written consent, the simplified or do-it-yourself procedure will stop and you will be obliged to consult a solicitor and follow the ordinary divorce procedure.

If you have children under 16, you may not apply for a do-it-yourself divorce under Scots law.

Money, Maintenance and Mental Health

If you divorce using the do-it-yourself procedure, neither you nor your spouse can claim any money from the other, either in terms of a lump sum or an ongoing maintenance payment. You may also lose rights to property.

You cannot use the do-it-yourself divorce procedure if your spouse is "unable to manage his or her affairs because of mental illness, personality disorder or learning disability."

Cost in Money and Time of Divorce Under Scots Law

According to Citizens Advice Scotland, and as of the summer of 2010, ordinary divorce using the services of a solicitor may cost £6,000 or more. You may be able to get financial help with this, dependent on your circumstances. This sort of divorce can take six months or longer to be finalized.

Do-it-yourself divorce costs £90 and usually takes around two months to come through. If you decide to go for this option, you can get the necessary forms from any sheriff court, the Court of Session in Edinburgh or from the Scottish Courts Service website.

References

• Scottish Courts Service
• Citizens Advice Scotland: Ending a Marriage

Resources

• Relationships Scotland