How to divorce in Scotland

Divorce around this time of year normally spikes as families spend more time together during the school holidays.

We generally experience a lot more enquiries post summer, Easter and Christmas breaks and want everyone to know that we are here for them, for their families, and for the kids as or when we are needed. At Scullion LAW we have over 40 years of experience and are proud to have a highly respected and accredited family solicitor Judith Higson, leading our team. Sometimes despite our best efforts relationships breakdown. That is why we at Scullion LAW believe it is important to explore all of your options and speak to a trusted divorce solicitor, as soon as possible.

We regularly search the news for useful articles relating to divorce in Scotland and came across this interesting one which may help to explain the difference when divorcing in Scotland v England. If you have any Q or would like to speak to us in confidence you can email us at any point on info@scullionlaw.com or call 0141 374 2121. Offices in West End of Glasgow, Hamilton and Saltmarket next to Merchant City.

The following content is shared from the Scotsman paper.

The rules around divorce are changing in England and Wales to make it easier for people to split, but what is the situation in Scotland?

What are the current rules?

In Scotland you do not need to have been married for at least a year before being able to file for divorce, which is the case in England and Wales.

However, potential divorcees must show that their marriage has irretrievably broken down.

In Scots law, there are three ways of doing this. You can prove this has happened by showing your partner has committed adultery, or if their behaviour is unreasonable, or through a no-fault divorce.

What is a no-fault divorce?

A no-fault divorce is when a couple separate without having to prove adultery or unreasonable behaviour.

In Scotland, providing the other person consents, this can take place after a year of living separately, or after two years apart without the need of the other person’s consent.

This is different from England and Wales, where the rule is two years with consent and five years without.

This is the main reason for proposed changes to the English system, after a high profile case where a 66 year old woman, Tini Owens, was refused a divorce after failing to adequately show that her husband had behaved unreasonably.

The full article can be viewed here.

The post How to divorce in Scotland appeared first on Scullion Law.

from Scullion Law https://scullionlaw.com/how-to-divorce-in-scotland/
via IFTTT