Divorce Lawyers Falkirk

Our divorce lawyers help people in Falkirk and the surrounding towns, from Camelon and Larbert to Grangemouth, Bo'ness and Denny, with divorce, separation, finances and arrangements for children. Falkirk is around 20 miles from our Glasgow office, and you can meet us there or speak to us by phone or video.

How our family law solicitors can help with your divorce

Every separation is different. Some couples have already agreed almost everything and simply need the paperwork done properly. Others need a solicitor to protect their position in a difficult negotiation or in court. We can help with:

Divorce solicitors in Falkirk and across the Forth Valley

We advise clients across Falkirk, including Camelon, Bainsford, Carron and Laurieston, and in nearby towns such as Grangemouth, Larbert, Stenhousemuir, Bo'ness, Denny and Bonnybridge.

Where would a divorce be dealt with?

For people living in Falkirk, a divorce or other family action in the sheriff court would usually be raised at Falkirk Sheriff Court. Some cases are raised in the Court of Session in Edinburgh instead. Undefended divorces are normally decided on written evidence, in sworn statements called affidavits, so you may not need to attend court at all. If your case does need a hearing, we will explain where it would take place and what to expect.

Family mediation near Falkirk

If you and your former partner want to try to agree arrangements together, family mediation can help. The Relationships Scotland service for this area is Family Mediation Central Scotland. You can find their details on the Relationships Scotland website. We can advise you before, during and after mediation, and record anything you agree in a legally binding separation agreement.

How we work with clients in Falkirk

We do not have an office in Falkirk. Instead, most of the work, from your first consultation to gathering financial information, negotiating and preparing the paperwork, can be done by phone, video, email and post. If you would rather meet in person, you are welcome at our office at 3 Kent Street, Glasgow.

What are the grounds for divorce in Scotland?

There is only one ground for divorce in Scotland: the irretrievable breakdown of the marriage. You prove it in one of the following ways.

A divorce can also be granted where an interim gender recognition certificate has been issued. There is no minimum length of marriage in Scotland, but you or your spouse must have a connection with Scotland, usually by being domiciled here or habitually resident here for at least a year before the action starts. You can read more in our guide to the grounds for divorce in Scotland.

Simplified divorce or ordinary divorce?

Scotland has two divorce procedures. The simplified procedure is a do it yourself route using court forms. It can only be used where:

• you rely on one year of separation with consent, or two years of separation;
• there are no children of the marriage under 16;
• there are no financial matters to sort out; and
• no other court proceedings are under way that could end the marriage.

Everyone else uses the ordinary procedure, which a divorce solicitor will prepare and lodge for you. Most ordinary divorces are undefended because the couple has already settled the finances and the arrangements for the children, often in a separation agreement. Our guide to the simplified divorce process explains the forms and the steps involved.

Financial provision: how are finances and property divided in a Scottish divorce?

Financial provision on divorce is governed by the Family Law (Scotland) Act 1985. The starting point is that the net value of the matrimonial property, or matrimonial assets, should be shared fairly between you, and fair normally means equally.

• Matrimonial property is property either of you acquired during the marriage, up to the date you separated (the relevant date). It includes savings, investments, the part of a pension built up during the marriage, and debts.
• The family home is matrimonial property if it was bought for use as the family home, even if it was bought before the marriage.
• Gifts and inheritances from someone other than your spouse are usually not matrimonial property.
• Special circumstances, such as the source of the funds used to buy an asset, can justify an unequal division.

Settlements can include a capital sum, a transfer of property such as the house, or a pension sharing order. Ongoing payments to a former spouse are less common in Scotland and are usually for a limited period. Any claim for financial provision must be made before the divorce is granted, so it is important to take advice early. See our guides on how assets are divided in a divorce and pension sharing.

Arrangements for children and their best interests

When parents separate, the law puts the child's welfare and best interests first. Most parents agree where the children will live and how they will spend time with each parent, and record it in a separation agreement or a parenting plan. If you cannot agree, the court can make orders about residence and contact, taking the child's views into account.

Our child law solicitors can help you reach arrangements that work for your family. Financial support for children is usually dealt with through child maintenance, which our guide to how child maintenance is calculated explains.

The divorce process, step by step

1. Free initial consultation By phone, by video or at our Glasgow office, we listen to what has happened, give you expert legal advice on your options and tell you what the process is likely to cost.
2. Gather the information We help you collect details of property, savings, pensions and debts as at the date you separated.
3. Negotiate a settlement We negotiate with your spouse or their solicitor. Mediation or collaborative practice can help where both of you want to avoid court.
4. Record the agreement What you agree is set out in a separation agreement (a minute of agreement), which is legally binding.
5. Raise the divorce action We prepare and lodge the divorce in the sheriff court, which for clients in Falkirk is usually Falkirk Sheriff Court, or in the Court of Session, with the supporting affidavits.
6. Decree of divorce Once the court is satisfied, it grants the decree and your marriage formally ends.

How long does a divorce take in Scotland?

Once the grounds are in place, a simplified divorce or an undefended ordinary divorce can often be completed within a few months. The time it takes is usually driven by how long it takes to agree the finances and the arrangements for the children. Where matters are disputed and a court has to decide, it can take considerably longer. Our guide on how long a divorce takes covers this in more detail.

How much does a divorce cost?

The cost depends mainly on how much you and your spouse can agree. A simple, undefended divorce costs far less than a case with a contested financial settlement. We will explain the likely cost and agree it with you before any work begins, and your first hour with us is free.

You may be eligible for legal aid in a family law case, depending on your income, your savings and the type of case. You may also be exempt from court fees if you receive certain benefits. Read more about legal aid for family law cases.

Why choose us for your divorce in Falkirk?

• Experience: our directors have 76 years of combined experience in legal services.
• Plain English: we explain Scots family law without jargon, so you always know where you stand.
• Expert advice throughout the process: we keep you updated at every stage, from your first question to the final decree.
• Practical and fair: we aim to settle matters by agreement where we can, and we are ready to protect your interests in court where we cannot.
• Joined-up advice: we can also help you update your will after a separation through our will solicitors for Falkirk, and advise on other family law matters through our family law team.