How Does Divorce Work in Scotland?

When a relationship breaks down, the legal and emotional road ahead can feel uncertain. Understanding the divorce process in Scotland is often the first step towards moving forward with clarity and confidence. Whether you're just beginning to consider your options or are ready to start proceedings, knowing what to expect and where to turn for support can make all the difference.

At Drummond Miller, we understand that divorce isn’t simply a legal event, it’s a deeply personal transition. With decades of experience in Scots family law, we’re here to guide you through each stage with care, clarity and expertise.

Grounds for Divorce in Scotland

In Scotland, there is only one legal ground for divorce: the irretrievable breakdown of the marriage. The Scottish Courts recognise four ways to establish this:

• Unreasonable behaviour
• Adultery
• One year’s separation with consent
• Two years’ separation without consent

While unreasonable behaviour or adultery may be cited in divorce proceedings, it is often more practical for couples to rely on a period of separation. This tends to be less confrontational and avoids the need for detailed evidence gathering.

The most common approach in Scotland is separation-based divorce, particularly where both parties are in agreement and wish to proceed amicably. In such cases, the court process can be more straightforward, particularly under what’s known as the Ordinary Divorce Procedure or the simplified divorce route, depending on the circumstances.

This reflects the no fault principle in Scotland, which prioritises resolution over blame.

What Is a Simplified Divorce in Scotland?

Where there are no children under the age of 16 and no outstanding financial matters, the simplified divorce procedure - sometimes called a DIY divorce or do-it-yourself divorce - may be available. This process does not involve a court hearing and is often completed on a paper basis through submission of an Application for Divorce using a specific divorce application form. As part of this application, the court will usually require a copy of your marriage certificate to confirm that a legally recognised marriage exists.

You may qualify for a simplified divorce if:

• You’ve been separated for at least one year (with consent), or two years (without consent)
• You and your spouse have no children under the age of 16
• All financial issues, including credit card debt, property division, and pensions, have been resolved

This approach can be quicker and less costly than a standard Court action. However, even in straightforward cases, it’s important to seek legal advice before submitting documents to the Scottish Courts and Tribunals Service. A solicitor can ensure you’re not unintentionally giving up important rights around matrimonial property or spousal maintenance.

Not sure if you're eligible? Our team can help you understand if the simplified procedure is suitable for your situation. Learn more about divorce in Scotland. 

Divorce When There Are Children or Financial Matters to Resolve

If you have children under the age of 16 at the end of a marriage, or if financial issues remain unresolved, you will not be able to use the simplified process. In these cases, a solicitor will initiate the Ordinary Divorce procedure on your behalf, typically through the Sheriff Court or, in certain cases, the Court of Session. These are the two key civil courts in Scotland that handle family law cases.

Before a Decree of Divorce can be granted, the court must be satisfied that:

• Appropriate arrangements have been made for any children under 16
• All financial matters have been addressed through agreement or court order

This process often begins with the drafting and submission of an Initial Writ.

In Scotland, the legal right to raise a financial claim ends once a divorce is finalised. That’s why it’s crucial to resolve financial issues, such as division of property, spousal aliment/periodical allowance or pensions, before proceedings conclude.

To avoid litigation, many couples choose to enter into a legal separation agreement before filing for divorce. This document, often drafted with the help of a solicitor, sets out how property, income, and child care will be managed.

Every family’s circumstances are unique. If you need guidance on reaching a financial settlement, our experienced solicitors can help ensure your interests are protected. 

What Is Matrimonial Property?

A key principle of Scottish law is that matrimonial property should be divided fairly - often equally - between both spouses. This includes:

• Assets acquired during the marriage (such as the family home)
• Pensions and long-term savings built up after marriage but before separation
• Bank accounts or investments in either party’s name
• Joint debts, including mortgages and credit cards

Certain assets, such as gifts, inheritances, or assets acquired before marriage, may be excluded. However, it’s advisable to seek legal advice, particularly where Data Protection issues may arise around joint assets or disclosures.

Our team of Family Lawyers often assists clients in calculating what counts as matrimonial property and how best to structure agreements around it. In some cases, collaborative options like family mediation or services such as The Spark and Relationship Scotland may assist in reaching agreement without conflict. These approaches fall under what is known as collaborative practice.

We can also help you access support from organisations such as Citizens Advice Scotland, Scottish Women’s Aid, or your local Citizens Advice Bureau, depending on your circumstances. 

Do You Have to Go to Court to Get a Divorce in Scotland?

In many cases, court proceedings are not required - particularly if your divorce is uncontested. Paperwork is lodged with the court and processed by the clerk of court without the need for either party to appear in person.

However, if there are disagreements regarding financial arrangements or child contact, a court hearing may be necessary. Our solicitors represent clients across both ordinary divorces and more complex court processes, ensuring all steps are managed with care and efficiency.

Where appropriate, we work closely with support services, such as advocacy workers, domestic abuse charities, and qualified Private Investigators in cases where evidence is required to support your position.

Frequently Asked Questions

Can I get divorced without my spouse’s consent?
Yes, if you’ve been separated for two years or more, you do not need your spouse’s consent. If you’ve only been separated for one year, their written agreement is required.

How long does the divorce process take?
This depends on the route. A simplified divorce typically takes 6-10 weeks. An ordinary divorce - particularly where financial or child-related matters are contested - may take several months.

Can civil partnerships be dissolved the same way?
Yes. The process for ending a civil partnership follows similar principles, though it’s referred to as dissolution rather than divorce.

Do I need a solicitor or can I do it myself?
In some cases, you may be able to submit divorce papers and an application for divorce without legal representation. However, if you have children under 16, complex finances, or concerns such as domestic abuse, we strongly recommend seeking advice. Free legal guidance may also be available via the Law Society of Scotland website or through your local advice centre.

What if I'm applying for a Gender Recognition Certificate?
If you or your spouse has been granted an interim gender recognition certificate under the Gender Recognition Act 2004, this may impact the legal status of your marriage. The Gender Recognition Panel oversees this process, and it may result in the annulment or dissolution of your marriage or civil relationship. Once granted, a full gender recognition certificate may affect your eligibility for certain spousal rights. Legal advice should be sought early.

Does Scottish law apply across the UK?
No, family law is devolved. Scottish divorce law differs from that in England, Wales, and Northern Ireland. Jurisdiction may depend on geographical extent, domicile, or habitual residence.

 

Divorce can mark the end of one chapter, but it’s also the beginning of another. With the right support, it’s possible to move forward with clarity and peace of mind.

At Drummond Miller, we approach every case with sensitivity and deep legal knowledge. Whether you’re just considering your options or ready to begin the legal process, our team is here to help you navigate your next steps with confidence.

With offices across Scotland and a strong reputation in family law, we’re proud to help individuals and families through life’s most difficult moments.

Visit our Divorce in Scotland service page to learn more about how we can support you.