When a marriage breaks down, it is a difficult time for all concerned. With so many questions, uncertainties and financial matters to address, you'll need expert legal advice to help you through the process.
Grounds for Divorce
There are two grounds of divorce in Scotland. The first is that the marriage has broken down irretrievably. There are certain ways of establishing that there has been an irretrievable breakdown. These include:
- If you can prove that your partner has committed adultery, then you can apply for divorce. However, if you have known your spouse has been adulterous but have continued to live with them, then it will be deemed that you have condoned the adultery.
- You and your spouse have been separated for one. In this case your spouse needs to consent to divorce proceedings.
- You and your spouse have been separated for two years, in which case you do not need to have the consent of the other party.
- If it's established that the behaviour of your partner has been such that you cannot reasonably be expected to continue living with them, this could be grounds for divorce. Often called "Unreasonable behaviour", this covers physical and emotional abuse, drug or alcohol abuse or gambling.
The second ground is that an interim gender recognition certification has been issued to one of the parties.
Our team will listen to your circumstances and advise on which is most appropriate.
The simplified divorce procedure may be used if you have no children under the age of 16, there are no outstanding financial claims and have been separated for at least one year.
How can Blackadders help?
The Blackadders Family Law team have significant experience in dealing with all types of divorce action. We can offer valuable, tailor-made advice about the most appropriate approach to take in your situation.