In addition to being an emotionally charged experience, divorcing a spouse can also be complicated. Below are the fundamentals that require your attention.
Why a divorce is granted – Divorce in Scotland
The ground for divorce in Scotland is that there has been an irretrievable breakdown of the marriage and no prospect of reconciliation. The “irretrievable breakdown” can be established by the period the spouses have been separated (one year if one spouse applies for divorce and the other signs a form of consent to a divorce or two years in which case the other spouse’s consent is not required), or by one of the spouse’s unreasonable behaviour throughout the marriage or one of the spouse’s having been involved in an adulterous relationship. Divorce is never “automatic” in Scotland – an application by one of the spouses to the court is always required.
Should I acquire a family lawyer? – Get Legal Advice Solicitor
The act of awarding a divorce carries significant legal ramifications. It is recommended to consult with a legal professional before commencing the procedure. We can help you and your family minimise the damage and distress during this difficult time, whether you are going to court or attempting to settle the matter amicably with your partner. Clarity Simplicity offers a variety of Family Law services.
Separation Agreement
Financial issues arising from a dissolution of marriage in Scotland must be resolved either before or concurrently with the divorce and not after it has been granted. If possible it is better to reach an agreement with your spouse and enter into a written agreement to deal with financial matters – This enables the streamlining of the divorce procedure. You should consult with a lawyer regarding financial matters and your legal rights. It is recommended that the written agreement be drafted by a solicitor, or that any agreement that has been prepared before signature be reviewed by one.
Child or Children
Disputes between you and your spouse regarding the care of any children born during the marriage who are under the age of sixteen may result in a postponement of the divorce decree. Obtaining the counsel of a solicitor is advisable in this situation.
Procedure
Divorce applications follow one of two procedures, which is determined by the presence of children, the resolution of financial issues, and the reason for the irretrievable collapse of the marriage. In the absence of any minor children from the marriage and no financial issues requiring attention, the “Simplified Procedure” may be employed solely in cases where the marriage has terminated due to a one-year or two-year separation (with the consent of the other spouse).
Some Stats (Scotland)
From 1985 to 2021, the number of divorces granted will decrease from 13,365 to 7,718. There is speculation that this decline may be associated with the overall trend of fewer individuals entering into matrimony. Could the increase of 45% in the total number of grants from 2020-21 to 2021-22, 8,249, be attributed to the repercussions of the COVID-19 pandemic? The Simplified Procedure was utilised in 57% of granted divorces in 2021-22, with 98 of those granted to same-sex couples.
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