Do you know how to get a quick divorce in Scotland?
There are two ways you can apply for a divorce in Scotland. The first is the ordinary divorce procedure (used if there are children from the marriage under the age of sixteen and/or a financial claim is being made) and the second is the simplified divorce procedure, often referred to as a quick divorce.
Simplified divorce procedure (quick divorce)
The process has been designed for someone to apply for a quick divorce in Scotland without consulting a solicitor. You can of course instruct a solicitor if you wish.
There are number of criteria that must be satisfied for this procedure to be applicable.
- Your marriage has broken down irretrievably and there is no prospect of reconciliation.
- You must have; been separated for at least one year and your spouse is willing to sign a consent form or lived apart for at least two years.
- You and your spouse must have no children under the age of sixteen.
- Both spouses must have agreed on the division of property and any maintenance/aliment payments.
- You, or your spouse, must have resided in Scotland for the year preceding the divorce, or consider Scotland your principal place of residence.
- Neither of you has any mental health problems that would prevent you from managing your affairs should you divorce.
A form can be obtained from your local Sheriff Court. This is completed (with any consent form attached) and returned to the Court along with the original marriage certificate and a court fee. If you are receiving state benefits, then you may be able to apply for an exemption from paying the court fee.
In the event that you do not fulfill the criteria above, then you would need to apply for a divorce using the ordinary divorce procedure. For example:
- You have children under sixteen years of age including adopted children and children accepted into the family, even if the divorce is uncontested.
- The divorce is uncontested, with or without children under sixteen years of age, if the grounds for divorce are unreasonable behaviour or adultery.
- All contested divorces. In these cases there are usually financial matters for the court to decide.
If you are looking for a quick divorce in Scotland and the ordinary divorce procedure is the route applicable to you, then you will need to consult a solicitor. Contact us if you'd like to discuss your personal circumstances in more detail.
