Grounds for divorce and the divorce process in Scotland.
In Scotland, it is possible to raise a divorce action if the marriage has broken down irretrievably, or if an interim Gender Recognition Certificate has been issued. Irretrievable breakdown of a marriage can be demonstrated in one of four ways:
- If your spouse has committed adultery
- If your spouse has behaved unreasonably
- If you and your spouse have lived apart for more than one year, and both of you consent to the divorce
- If you and your spouse have lived apart for two years or more.
If you and your spouse have lived apart for more than 1 year and you both consent to divorce, or if you and your spouse have lived apart for two years or more, an alternative divorce process may be available to you. If there are no children of the marriage under the age of sixteen and there are no financial matters to be dealt with, you or your spouse can raise what is known as a “Simplified Procedure Divorce”. As the name suggests this procedure is easier and quicker to complete and is therefore a cheaper alternative. However, if there are children under the age of sixteen the Simplified Divorce Procedure will not be available as the Court will need to be satisfied that the arrangements for the care and upbringing of the children are appropriate.
At Macleod & MacCallum, we would always remind clients that on divorce, your right to make a financial claim against your spouse, and vice versa, is lost. It is therefore very important that financial matters are dealt with before the divorce process is started. It is also important that before divorce, the arrangements for the care of the children (residence / custody, contact / access) are dealt with.