The process of getting divorced can seem daunting and complicated. When you're looking for information about this process, you need a family law firm you can trust, who will treat you with compassion and complete confidentiality. Our specialists in family law have the experience, knowledge and sensitivity to support and guide you through this difficult time.
If you're considering divorce, you'll probably find yourself with a number of questions - about children, finances, property, the cost and length of the process, and more. Thanks to our years of experience as one of Scotland's leading family law firms, we will be able to provide you with clear answers to any questions you might have.
We will act in your best interests, offering no-nonsense advice and clear guidance. Our high-quality family law service has been used by thousands of individuals across Scotland, and we recognise that every case is different. We work hard to provide a tailor-made solution to your unique situation.
How do I get divorced?
To be divorced in Scotland there has to have been irretrievable breakdown of the marriage. Irretrievable breakdown of marriage is evidenced by establishing one of four grounds: unreasonable behaviour, adultery, living apart for at least one year if both partners agree to the divorce, or at least two years if only one partner wishes to divorce. Most people are divorced after having been separated for one or two years.
In Scotland, there are two divorce procedures, simplified and ordinary, depending on the circumstances of the marriage and separation. If you have no children under the age of 16, and you and your spouse can come to an agreement about the division of money and assets, you can follow the simplified procedure.
If, on the other hand, you have children under the age of 16, or you are asking the court to make orders about financial matters, you will have to use the ordinary procedure. The process will depend on whether or not you and your spouse can come to an agreement about money and children. If you both agree, the divorce will go to court as an undefended case. If not, it will need to be defended. Our team are experienced and confident litigators, who work hard to secure the best outcome for our clients, if court proceedings are necessary.
How much does a divorce cost?
In most cases, Drummond Miller can offer fixed fees for simplified divorces, and undefended ordinary divorces on the basis of one or two years separation. If a defended court action is necessary then legal fees will vary depending on the amount of work undertaken, but we will always strive to bring your case to a satisfactory conclusion as quickly as possible, minimising costs to you.
In all types of divorces there are certain fixed fees payable to the court for processing the divorce paperwork.
Our staff are always happy to discuss fees with clients before any work is undertaken.
What financial provision am I entitled to on divorce?
Financial provision on separation and divorced is governed by the Family Law (Scotland) Act 1985. This sets out 5 principles which provide guidance in working out what each party is entitled to.
1. The starting point is that each party is entitled to a fair division of the net value of matrimonial property. Dividing fairly usually, but not always, means equally. Matrimonial property is defined as all assets or debts acquired or earned during the marriage, excluding gifts from third parties, inheritances, or items owned prior to the marriage.
2. Any economic advantage or disadvantage suffered by either party must be taken into account. This includes, for example, one partner giving up work to raise children.
3. The costs associated with raising any children under 16 must be shared fairly.
4. If one partner has been financially dependent on the other, they should be awarded financial provision to enable them to adjust, usually for a maximum of 3 years.
5. If one partner will suffer serious financial hardship, financial provision to relieve them of hardship should be made over a reasonable period.
Drummond Miller are extremely experienced in negotiating settlements for all types of clients following their separation, and in advising on what you may be entitled to by law. For more information about the services we offer in this area, please get in touch. We have offices in Edinburgh, Glasgow, Bathgate, Dalkeith and Musselburgh and we will be happy to discuss your situation and options with you.