In Scotland you can generally apply for divorce in the local court of the area in which you are habitually resident.
My spouse and I are separated but still married. I can’t commit adultery, can I?
Yes. You can commit adultery up until the point you are divorced!
My spouse and I never got married although everyone thinks we are married. If we separate do I have rights as a common law husband or wife?
No. There is no such thing as a common law husband or wife in Scotland. If you are not married then you will have some rights under the Family Law (Scotland) Act 2006 but these are not the same as if you were married.
If the divorce is the fault of my spouse, will I got compensated financially for that?
There is only one ground of divorce in Scotland, that the marriage has broken down irretrievably. This can be established by 1 years non-cohabitation with consent, 2 years non-cohabitation without consent, adultery or unreasonable behaviour. The behaviour of your spouse is not generally relevant to the overall financial settlement. The exception is if they have behaved in such a way as to negatively impact their finances. For example, frittering away a family fortune on a gambling habit.
Where can I find out about the different options available when divorcing?
We’ve put it in an easy to use format on the ‘Your Options‘ page.
Where can I find information on your costs?
Please go to Our Costs page and also read about our Initial Consultation Fixed Fee Package from £260 + VAT and our Special Offers or contact us.
Do you accept Legal Aid?
Unfortunately we do not offer a Legal Aid option. You can search for a solicitor that does Legal Aid work on the Law Society of Scotland website.
