Divorce & Dissolution

Before proceeding to court you will require to have grounds for divorce. 

Divorce

If settlement is not possible through negotiation, we will pursue proceedings on your behalf.  Before proceeding to court, however, you will require to have grounds for divorce.  The grounds of divorce in Scotland are as follows:

• Adultery
• Unreasonable behaviour
• Separation in excess of one year with your spouse’s consent
• Separation in excess of two years

If you have no children under 16 and all financial matters are resolved, you are entitled to make an application for Simplified Divorce.

If you do not yet have grounds for divorce but are in financially disadvantaged circumstances following separation, for example because you were financially dependant on your spouse’s income, we can assist with an action for aliment (spousal maintenance). Agreement regarding financial matters can be negotiated in the absence of ground for divorce, if both parties agree.

Civil Partnership Dissolution

If your civil partnership has broken down and you consider there is no prospect of a reconciliation, you can apply the court to end the civil partnership.  You must establish one of the following:-

• Your partner has acted unreasonably and you can no longer be expected to live with them.
• You have been separated in excess of one year and your partner agrees to the dissolution
• You have been separated in excess of two year.