In Scotland, the ground for divorce is that a marriage has broken down irretrievably.
There are four ways to establish "irretrievable breakdown":-
- You have been separated from your spouse for one year. If you apply for a divorce under this heading, your spouse must provide their written consent; or
- You have been separated from your spouse for two years; or
- Adultery; or
- Your spouse has shown behaviour which is so unreasonable that you cannot be expected to continue to live with them.
However if you and your spouse have financial or child related matters to resolve then it is advisable to agree these if you can, with the benefit of separate legal advice, before applying for divorce. We can assist you in resolving matters with your spouse's solicitor, in order to achieve a mutual settlement.
It is our practice to try and resolve matters as consensually as possible. There are a number of different ways to resolve matters out with court, including negotiation, mediation, collaboration and arbitration. We can provide more information on all of these processes and discuss what is best for your own circumstances.
Once you and your spouse have sorted out your financial and child related matters a divorce action can proceed on agreed terms (and if you do not have any children under the age of 16, then you may be entitled to apply for a divorce under the Simplified Procedure).
Failing settlement, a divorce action will require to be raised and matters dealt with by the court. We can advise you on all aspects of this process.
Alternatively please call us on 01224 370028.