There can be all sorts of questions about the divorce process. A common question we encounter as Family Law Solicitors is “Can I get a quick divorce?” The answer to this question will depend on the individual circumstances and the process involved.
In Scotland, there is a process known as the simplified divorce procedure. This process is also applicable to a civil partnership dissolution, and what I say hereafter applies to both. This type of divorce is often referred to as a “DIY divorce” or a “quick divorce”. The simplified divorce procedure is the quickest and simplest way of obtaining a decree of divorce. The process takes approximately eight to ten weeks to complete.
You can you apply for a divorce under the simplified procedure if you meet all the following criteria:
- The marriage has broken down irretrievably and there is no prospect of reconciliation;
- You have been separated for at least one year and your spouse is willing to sign a consent form, or you have been separated for at least two years;
- There are no children of the marriage under the age of 16;
- There are no outstanding financial matters to resolve between you;
- You, or your spouse, have resided in Scotland for the year preceding the divorce, or consider Scotland your principal place of residence;
- There are no other court proceedings taking place that could end your marriage; and
- There is no indication that either party is unable to manage their affairs due to either mental illness or impairment.
What are my options?
Before choosing to go down the route of a simplified divorce procedure, it is crucial that you understand any long-term implications. You should ensure that you are fully aware of your legal rights in relation to the breakdown of your marriage. Once your divorce has been granted, you cannot make a financial claim against your spouse.
You have two options for completing a simplified divorce. The first is to do it yourself, without instructing a solicitor. The application forms for the simplified divorce procedure can be obtained on the Scottish Courts and Tribunals website. However, you will need to see a Notary Public or Justice of the Peace to have the affidavit at the end of the form “sworn”.
Alternatively, you do not have to go it alone with a simplified divorce application. You have the option to instruct a solicitor. For a fixed fee, with no hidden extra costs, we will guide you through the simplified divorce procedure. We can complete all the necessary paperwork quickly and accurately for you. And we can advise you on the advantages and disadvantages of the simplified divorce procedure in your individual circumstances.
What if I can’t apply for a quick divorce?
If you do not fulfil the criteria above for a quick divorce, then you will need to apply for a divorce using the ordinary divorce procedure. For example, if you have children under sixteen years of age. If the ordinary divorce procedure is the route applicable to you, then you will need to consult a solicitor. We will be happy to discuss your options and how to manage your divorce in the most cost-effective and stress-free way.