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Scottish Divorce Services

Affordable and professional Scottish family law services

If you were married in the UK and live in Scotland you will be able to get a divorce in Scotland, provided you meet the residency rules about where you live.

There are two different types of procedure that can be used in Scotland when applying for a divorce or the dissolution of a civil partnership.

They are called the Simplified Scottish Divorce (Do-it-Yourself Divorce) and the Ordinary Scottish Divorce (Non Simplified Divorce). Either of these divorce applications can be raised in the Sheriff Court or Court of Session.

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    Divorce Procedure in Scotland

    You do not need a solicitor to file for divorce using either procedure in Scotland, however it can sometimes be complicated.

    If you do decide that you would rather get legal advice, our Scottish divorce expert is a retired family law solicitor with over 30 years experience in all aspects of Scottish family law.

    For more in-depth information about the divorce procedure in Scotland read our article The Facts About Scottish Divorce Law.

    Find out which divorce procedure is best suited to your circumstances and which Divorce-Online service options are available to you from the comparison below.

    Simplified Divorce

    £49

    Fixed fee

    Service Features

    A simplified divorce in Scotland is your perfect solution to getting divorced if you have been separated for one year or more. At just £49 this Scottish divorce service is the most cost effective way to get divorced in Scotland.

    Can I use the Simplified Scottish Divorce Procedure?

    You should use the Scottish Simplified Divorce procedure to divorce, if;

    • You are applying for divorce based on the grounds of one year’s separation with consent or two years separation without consent
    • There are no children of the marriage under the age of 16
    • There are no financial matters to sort out
    • There are no other court proceedings under way

    Scottish Simplified Divorce

    The simplified procedure for divorce or civil partnership dissolution is designed so that you can “Do-it-Yourself” without the need to get legal advice.

    Ordinary Divorce

    £199

    Fixed fee

    Service Features

    The ordinary divorce service is for divorcing couples in Scotland who have children under the age of 16. This service is designed to make getting a divorce under the ordinary procedure as quick and simple as possible.

    Requirements to use the Ordinary Scottish Divorce procedure

    • There are children under 16 years of age – If you have children over 16 you may be able to use the Simplified Procedure
    • You can file on adultery, unreasonable behaviour, 1 year and 2 year separation grounds

    You will need to use the ordinary procedure if you have not been able to meet the criteria for the simplified procedure. This is a more complicated procedure and it is highly recommend that you read our Scottish Divorce Law article or take some legal advice.

     

    Scottish Ordinary Divorce

    Under the ordinary procedure our Scottish divorce expert will help you prepare your divorce papers and guide you through the process from start to finish.

    Which divorce cases are heard in the Court of Session?

    Applications for a divorce, the dissolution of a civil partnership or separation in Scotland are known as civil actions and may be raised in the Sheriff Court or the Court of Session. There will be different procedures and forms required for each, and the court fees will also vary.

    You may be asking ‘what is the difference and which court should I use to lodge my divorce application?’

    Sheriff Court

    There are Sheriff Courts in most districts in Scotland and the court has jurisdiction to hear civil cases worth up to £100,000.

    Court of Session

    The Court of Session in Edinburgh is the highest civil court in Scotland and sits above the Sheriff Court. Cases worth less than £100,000 cannot be raised in the Court of Session and must be raised in the Sheriff Court.

    To summarise, if your application is relatively strait forward and falls below the threshold of £100,000 then it will be quicker and cheaper to use the Sheriff Court. For more complex cases, and cases where a large amount of money is being claimed you will probably need to use the Court of Session.

    Contact Divorce-Online

    If you need more information about our Scottish Divorce Services, or your individual circumstances, please get in touch with us, for free friendly advice.

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