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Frequently asked questions about divorce

People are often confused by the process and terminology used by lawyers when it comes to divorce. Below we will try to answer a few of our most frequently asked questions.

What are the Grounds for Divorce?

A divorce can only be granted by a Scottish Court if there has been an irretrievable breakdown of the marriage. This can be evidenced by:

• Unreasonable Behaviour
• Adultery
• One year separation with consent
• Two years separation without consent
• The issuing of a Gender Recognition Certificate.

I live in Scotland but my partner resides abroad, can I still apply for a Divorce?

If all other criteria are met (i.e. that the marriage is legally recognised and the irretrievable breakdown of the marriage can be evidenced) then yes. Only one party requires to be domiciled in Scotland on the date in which the action begins to begin divorce proceedings at a Scottish Court. They must also have been resident there throughout the period of one year prior to the date in which the action was raised.

When are Divorce proceedings raised at court?

Ordinary Divorce proceedings are raised by an Initial Writ. This is the document prepared and lodged with a Scottish Court which sets out the pursuer’s position.

The court process will typically begin once all financial and child related matters have been agreed, or at least there has been some attempt at resolving such matters. In some cases, an agreement will be reached prior to the initiation of court proceedings. In other cases the court is required to resolve any outstanding issues. In any event, a Scottish Court will not finalise a divorce until financial issues and child related matters have either been agreed or determined by the court. Each case is dealt with on an individual basis. We offer expert advice and guidance as to how to move through this process.

How long does the process take?

There is no one size fits all when it comes to divorce. A divorce can be finalised in a matter of months if parties have reached an agreement in relation to finances and child matters. However, if the court requires to determine such issues, then the divorce process will take significantly longer.

If there are no children under the age of 16, no outstanding financial matters and parties have been separated for one year, then you may be able to proceed by way of a Simplified Divorce. Scottish Courts can typically deal with a Simplified Divorce pretty quickly.

If you have any questions about divorce please contact us on 01413311144 for an initial consultation.

Brian Cooney is a partner at Fleming and Reid