Divorce in Scotland

The grounds of divorce in Scotland are:

1. One year's separation with consent of both parties. This is the most commonly used ground. The parties must not have any continuing financial dispute. One spouse will raise proceedings and the other spouse must sign a consent form. Where there are no children under 16 there is a quick simplified procedure. If there are any children under 16 evidence has to be produced in affidavit form (statements signed in front of a notary public) about the child's welfare. Court appearances should not be necessary.
2. Two years' separation. This process is very similar to ground 1 except that no signed consent of the spouse is required.
3. Unreasonable behaviour of one spouse. This is the second most common ground and is used where the spouse seeking divorce is not prepared to wait for two years' separation, or the other spouse will not sign a consent form. Evidence of the unreasonable behaviour must be produced and verified by at least one supporting witness. It is rare for evidence actually to be given in court unless the case is fully defended. Use of affidavit evidence means that the parties may not have to appear in court.
4. Adultery. In practice this ground is rarely used due to the difficulty of proof.

Financial provision and property adjustment orders can be made in connection with proceedings for divorce. For further information on getting divorced in Scotland, please contact DivorceUK directly.

My contact details are: Donald Wright Divorce Lawyer Tignet Ltd, UK Tel: +44 (0)131 555 8443 info@divorceuk.com