Divorce

Often the most important issues for you and your partner if you decide to separate are splitting up the property and finances and how to make the right arrangements for your children's future care. We can help you with these problems. We are here to explain to you what the law is in relation to divorce so that you can be clear on what to expect and how to deal with it. We will represent your interests to make sure that you come to a satisfactory settlement regarding your property, money, children and any other issues that arise. We will aim to make this happen where possible through negotiation or mediation, but if necessary, we will represent you in court in order to achieve the best outcome for you.

In Scotland there is only one ground for divorce and that is irretrievable breakdown of the marriage. This can be proved in a number of ways - one year separation if both parties agree to the divorce, two years separation if only one party wants the divorce, unreasonable behaviour and adultery. We are here to help you to find your way through the process of divorce.

The division of property on divorce in Scotland is regulated by the Family Law (Scotland) Act 1985. This act sets out how property and money is divided between the parties and what, if any maintenance should be paid.

Many people who are separating will sort out the property and money issues first and then, once that is complete, they can divorce under a more straightforward procedure.

However if this is not possible, it may be necessary for a court action to be raised so that the court can hear evidence from both sides and then decide for the parties how the property and money should be divided. The court can also make orders in relation to maintenance. We can help you with all of this.