Divorce Law In Scotland

Divorce is the termination of the legal relationship of marriage (civil partnerships are legally terminated by dissolution) and can only be obtained by an order of the court.

Before a court in Scotland can grant a decree of divorce, it must be satisfied that the marriage has broken down irretrievably. There are four ways in which this can be proved:

• adultery


• unreasonable behaviour


• non-cohabitation for a period of one year with the consent of the other party


• non-cohabitation for a period of two years

Where there are children of the marriage under the age of sixteen years or unresolved financial claims, a formal action of divorce must be raised in order to obtain a divorce. Most divorce actions are dealt with in the Sheriff Court but Scotland’s supreme court, the Court of Session, has a concurrent jurisdiction.

In the vast majority of cases, the parties have settled the various issues arising from their separation and the divorce action is undefended. This means that neither party requires to go to court to give evidence.

Q: What is this "quickie" divorce that I have heard of?

A: Where there are no children under the age of sixteen, no claims by either party for financial provision on divorce and the ground of divorce is non-cohabitation, no court action is necessary and an application can be made to court under the Simplified Divorce procedure. This is frequently referred to as a “quickie” divorce.

Q: I left my husband/wife and then met someone else. Can my husband/wife divorce me for adultery?

A: Yes. Adultery is committed when there is sexual intercourse between a married person and a person to whom they are not married. Although someone is separated, they are still legally married. In practice, divorce actions on the grounds of adultery are rarely brought in these circumstances.

Q: How long will it take to get a divorce?

A: In an uncontested case, a court action or an application under the Simplified Procedure, can normally be completed within a two month period. Court actions which are defended can take considerably longer, often more than one year.

Whatever your situation, we will ensure that your interests are protected and will deal with your case in a sensitive and cost-effective way.