10th February 2014

Defended Divorce in Scotland

When you get divorced, you and your ex-partner must agree upon matters such as the grounds of divorce, the division of assets and future child care arrangements. If, however, a decision cannot be made regarding any of these issues, your application will be deemed a 'defended divorce'.

What is a defended divorce?

A defended divorce is when either you or your ex-partner does not agree to the divorce. This may be because there is a dispute regarding the reasons for divorce, although more typically there will be a disagreement over money, property or child care.

If you are the one to begin divorce proceedings, you must send an initial writ to the court stating why you wish to divorce, along with other information such as how you are going to divide your assets, who is going to live in the matrimonial property and how your children will be looked after. The court will then send a copy of this to your ex-partner. If any aspect of the divorce is disputed, he or she must respond by sending a Notice of Intention to the court. This stipulates their wish to defend the divorce, and sets out their reasons for doing so.

How to deal with a defended divorce

If you are facing a defended divorce, it is absolutely essential you seek advice from a family solicitor. This will allow you to clarify your legal position, ensuring both your rights and your best interests are protected at all times.

After establishing the facts of your case, your lawyer will be able to suggest what action you should take next. This could involve methods of dispute resolution, including negotiations between solicitors, mediation or collaborative family law.

However, if this approach does not conclude in a mutually agreeable decision, it will be necessary for your divorce to go to court. Ordinarily, a defended divorce case will be heard in the sheriff court, although it could be transferred to the Court of Session if a large amount of money is at stake. Witnesses will be called upon and other evidence used throughout the course of the hearing.

It will then be up to the court to decide whether a divorce can be granted. If so, the court will also state the grounds for divorce and make rulings regarding any other issues that have not been agreed upon - for example, where a child should reside, how much contact the other parent will have, who will live in the matrimonial home and how assets should be split.

Family lawyers in Dundee and Edinburgh

If you are going through a defended divorce, you need a specialist family lawyer on your side. For expert assistance you can rely on, contact us at Blackadders today.

For more information, simply call us on 01382 229 222 (Dundee) or 0131 222 8000 (Edinburgh) or complete the enquiry form on the right of this page and we will be delighted to help you.

 

 

The opinions expressed in this site are of the author(s) only and do not necessarily represent the opinions of Blackadders LLP.

Blackadders takes all reasonable steps to ensure that the content of this site is accurate and up to date. The site is not, however, intended as a substitute for seeking legal or other professional advice but rather as an informative guide to the services provided by Blackadders and topical legal developments. Site visitors should always seek advice tailored to their specific situation. Consequently, Blackadders accepts no responsibility for any loss or damage suffered by anyone acting or failing to act on the basis of information contained on this site. Downloading of material contained on this site is at the user’s own risk and all necessary virus checks must first be carried out by the user. Blackadders is not responsible for the material found on any web sites linked to this one and links to this site may only be made with Blackadders prior consent.

Copyright

Blackadders owns the copyright in this blog and all material contained on it. The material on this site may be downloaded for personal use only and must not be altered. Otherwise, Blackadders’ written consent is required before any material on this site is reproduced, copied or transmitted in any way.

Privacy Statement

Information passed to us via this site is kept confidential and will not be disclosed to third parties except if authorised by you or required by law.

© Blackadders LLP 2011

Members of the Law Society of Scotland. Authorised to conduct Investment Business under the Financial Services & Markets Act 2000 by the Financial Services Authority.

Blackadders Solicitors is a trading name of Blackadders LLP, a limited liability partnership, registered in Scotland No SO301600 whose registered office is 30 & 34 Reform Street, Dundee, DD1 1RJ. Reference to a ‘partner’ is to a member of Blackadders LLP.

Back to News & Legal Updates