What Are The Grounds For Divorce In Scotland?

When you plan to file for divorce in Scotland, you should understand your legal position from the start. This guide covers the legal reasons for divorce, explains each stage of the process, and sets out what Scottish law expects you to prove. You will also find clear steps to help you begin the process and protect your position.

Understanding the Grounds for Divorce Under Scottish Law

Under Scottish law, there is one overall ground for divorce. You must use legally defined facts to prove that your marriage has irretrievably broken down.

There are four grounds you can use. These are adultery, unreasonable behaviour, separation with consent after one year, and two years separation without consent. In all divorce cases, the court looks at whether the breakdown of the marriage meets the legal test.

A lawyer can look at your situation and provide you with advice that is right for you if you are not sure which ground for divorce applies to you.

How Does Irretrievable Breakdown Apply to Divorce in Scotland?

The court must be satisfied that the marriage has broken down irretrievably before it will grant the divorce. This applies to all divorce cases in Scotland.

In practice, this means you must base your divorce action on one of the recognised facts. The divorce can be granted once the court accepts that the legal requirements are met and any financial matters or arrangements for children are addressed.

If you want to get a divorce in Scotland, you must show how your case fits within these rules.

What Counts as Adultery in Scottish Divorce Cases?

Adultery is one of the grounds for divorce in Scotland. It occurs when your spouse has a sexual relationship with someone of the opposite sex during the marriage.

To rely on adultery, you must show that your spouse committed adultery and that you cannot reasonably be expected to continue the marriage. 

Adultery does not apply to every type of relationship with someone else. A solicitor can advise whether the facts of your divorce based on adultery are likely to succeed.

What Is Unreasonable Behaviour as a Ground for Divorce?

Unreasonable behaviour is another ground for divorce. This applies where your spouse has behaved in such a way that the pursuer cannot reasonably be expected to live with them.

Examples include verbal abuse, financial control, or other conduct that makes it unreasonable to remain in the marriage. 

In many divorce cases, unreasonable behaviour provides a practical route where adultery does not apply.

Can You Get Divorced in Scotland After Living Apart?

Yes. Separation is commonly used in divorce and separation cases. If you have separated for at least one year and your spouse agrees, you can seek a divorce based on separation with consent.

If you have been separated for two years, you can apply without consent. This is often described as a no-fault divorce because you do not need to prove adultery or unreasonable behaviour.

You can live apart even if you still live in the same home under one roof, provided you can show that the relationship has ended. The separation period must meet the legal test.

What Is the Simplified Divorce Procedure?

A simplified divorce is available where there are no children under 16 and no complex legal or financial matters. You may be able to apply for a divorce without attending court.

The simplified procedure is handled through the sheriff court and is suitable for straightforward divorce cases. This is different from an ordinary divorce, which is used where there are disputes about matrimonial property or arrangements for the children.

Before using the simplified divorce process, you should get legal advice to confirm that you qualify.

How Are Children and Financial Matters Handled?

When your divorce involves children under 16, the court will focus on their best interests. You need to explain the care and contact arrangements in your divorce application.

During a divorce, you need to resolve financial matters, including how you split matrimonial assets, deal with the family home, and handle continued financial support. A separation agreement lets you set out the terms in a way that is legally binding.

If you can’t agree, the court may decide these aspects of divorce. You should seek advice from a solicitor experienced in family law.

Do Civil Partnerships and Gender Recognition Affect Divorce?

Similar rules apply to a civil partnership. A civil partner can seek dissolution based on comparable grounds.

A divorce based on an interim gender recognition certificate issued to either party under the Gender Recognition Act 2004 is also possible. A recognition certificate has been issued following a decision of the gender recognition panel.

These are specialist areas of Scottish law, so tailored legal advice is important.

How Do You Start the Divorce Process in Scotland?

To proceed with the divorce, you have to file a divorce case at the sheriff court. The individual who files the case is the pursuer.

You can file for a divorce on your own, but many people hire a solicitor to avoid errors. The divorce process forms part of the wider separation and divorce process, which may include a separation agreement and negotiation of a settlement.

The court will issue the divorce decree once it is certain that the legal process was performed correctly.

What About Legal Aid and the Costs of a Divorce?

Divorce costs vary depending on whether the case is contested, the procedure you follow, and any financial disputes.

Legal aid may be available to you via the Scottish Legal Aid Board. Certain firms offer this support and can assess your eligibility.

If you want a divorce and need support, contact SGT Law Firm on 0141 266 0652. Our experienced solicitors handle all aspects of divorce and family law. You can learn more by visiting our Divorce Lawyers Glasgow page. 

For tailored legal advice about your divorce in Scotland, speak to the team at SGT Law Firm and take clear steps to protect your rights and responsibilities.