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Divorce solicitors in Scotland

Our divorce lawyers, based throughout Scotland with offices in Glasgow, Edinburgh, Inverness and Highlands and Shetland, specialise in all types of divorce, dissolution and separation.

Overview

Divorce & Separation Lawyers

The end of a marriage or civil partnership can be a very difficult time, not only for the separating parties but also for any children. There are often many matters that require being resolved before it is possible to secure the outcome of a divorce or dissolution.

We specialise in all types of divorce, dissolution and separation so whatever your situation, we are here to assist you. This may include financial, property and child welfare-related issues. We will discuss your circumstances with complete discretion and understanding before exploring the best options for you, helping to make the process as straightforward and painless as possible.

In any separation or divorce, the division of finances can be a complicated and difficult task. This may be due to there being several assets or debts/liabilities owned jointly, or in your sole names which will require to be untangled and divided on divorce or dissolution. We will help you to work through the complex legalities of these matters to make the process as smooth as possible. Our team of divorce and separation lawyers, based throughout Scotland with offices in Glasgow, Edinburgh, Inverness and Highlands and Shetland.

Accredited specialists

FAQS

Common questions about divorce & separation
What is a divorce?

Answer

A divorce is the legal termination or end of a marriage otherwise than by death by the granting of a Decree of Divorce. Dissolution is the term given to describe the legal termination of a Civil Partnership. A divorce or dissolution will be granted by the Sheriff Court or the Court of Session.

When can I get a divorce in Scotland?

Overview

In Scotland, a divorce of marriage can be established on four separation grounds. A dissolution of a civil partnership can be granted on any of the below grounds other than adultery.

  • Adultery – whereby one party has engaged an affair or relationship with another individual of the opposite sex
  • Unreasonable Behaviour
  • Where the parties have been separated for a period in excess of one year and the other spouse provides their consent
  • Where the parties have been separated for a period in excess of two years

Prior to a divorce being granted, a Court will need to be satisfied:

  • The financial aspects of the separation have either been agreed or determined by the Court.
  • The long term care arrangements for any children under the age of sixteen have been agreed, failing which determined by a Court.
How do I get divorced?

Overview

There are two main types of divorce.

The Simplified Procedure is only available where:

  • There are no children of the marriage or partnership under the age of sixteen years
  • There are no financial matters to be resolved
  • The parties have been separated for a period in excess of one year
  • Both parties agree to the Divorce or Dissolution proceeding

The Simplified Procedure is cheaper and quicker than the Ordinary Cause Procedure.

The Ordinary Cause Procedure is required whereby one party wishes to divorce or dissolve a civil partnership, and one or more of the following apply:

  • The divorce is proceeding on the grounds of adultery (only available to marriage and not Civil Partnership)
  • The divorce is proceeding on the grounds of unreasonable behaviour
  • There are financial matters at dispute between the parties
  • The arrangements for the children are not agreed
  • A Divorce under this procedure can however also be raised on the grounds of one year’s non cohabitation with consent of the other spouse, or whereby the parties have been separated for a period of two years.
  • This option of divorce is necessary where there are children of the marriage or partnership under the age of sixteen years.
How are finances split in a divorce?

Overview

What happens in we can’t agree who the children should live with?

Overview

Do I need to go to court to get a divorce?

Overview

In cases of a simplified divorce, no attendance at court by the parties is required.

In Ordinary Divorce actions, if the divorce is not defended or opposed by the other spouse or partner, then usually there would be no requirement for either party to attend court. In the event that a divorce is disputed and defended, depending on whether the court action fully progresses to a final hearing, both parties attendance at court may be required for certain types of court hearings.

Testimonials

“Grant Hassan is a committed and attentive solicitor who consistently gave excellent advice and support throughout a difficult period. He made me feel in a ‘safe pair or hands.’”

– HM client

“I contacted Harper Macleod for assistance and was quickly contacted by Jenny Smith who was highly knowledgeable, professional and reassuring. Jenny kept me regularly informed and up to date with how things were progressing and was always prompt in replying to any concerns or queries I raised throughout. I am very grateful for Harper Macleod’s excellent services and would use them again if necessary without hesitation. Thank you.”

– HM client

“I found the main solicitor I dealt with to have not only a great understanding of the law but also an appreciation of the morality of the situation I found myself in. That made a huge difference to me.”

– Barbara Pettit, HM client

“I cannot praise Harper Macleod highly enough, and in particular the support given by Amanda Masson. Outstanding service, professional and personable in proper and equal measure.”

– Michael Angus, HM client

“Amanda’s advice and expertise were invaluable during an extremely challenging time, as were her humanity and empathy which made the process less painful than it might otherwise have been. Thank you.”

– HM client

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CONTACT US

Get in touch

Call us for free on 0141 227 9545 or complete our online form below to submit your enquiry or arrange a call back.

Speak to us today on 0141 227 9545

Get in touch

CONTACT US

Get in touch

Call us for free on 0141 227 9545 or complete our online form below to submit your enquiry or arrange a call back.