I get numerous queries from clients about the simplified divorce procedure – otherwise known as a 'DIY divorce' - and thought it would be helpful to set out the process.
If you have been separated from your spouse for more than 1 year and your spouse consents, or 2 years without the requirement for consent, there are no children of your marriage under 16 years old and there are no financial matters to be resolved, you may be able to divorce using the simplified divorce procedure.
For that, you will need your marriage certificate and will require to complete a form called an SPA for 1 year separation and a SPB for 2 years separation. Your signature on this form must be witnessed by a Notary Public, Commissioner for Oaths or Justice of the Peace.
For divorces where there has been 1 year separation, there is an additional step whereby the completed form is sent to your spouse to sign confirming he/she consents to the divorce and you must again sign the form after your spouse has signed.
Thereafter, the form and marriage certificate are sent to the relevant court (usually the one closest to where you live) and the court then serves the divorce papers on your spouse, usually by recorded delivery post. Your spouse will have 21 days to tell the court if they wish to oppose the divorce application. If they do, the simplified divorce action usually cannot proceed.
If no opposition is received a within the 21 day period the court will award the divorce and the Extract Decree of Divorce (the official document awarding the divorce) is issued 14 days after the divorce is awarded.
If you need any advice on issues involving the simplified divorce procedure, or any family law matter, please contact one of our experienced family law solicitors based in Bathgate, Edinburgh, Dalkeith, and Musselburgh.
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