|
 |
| You may be able to obtain a divorce or the dissolution of a civil partnership in Scotland using a cheap and simple "do-it-yourself" method called a Simplified Divorce. If you do not qualify for a Simplified Divorce, you will need to petition for divorce using a Non-Simplified Divorce. Simplified (DIY) Divorce Scotland Do you qualify for a Simplified Divorce? Uncontested The Simplified Divorce procedure is only for uncontested divorces and dissolutions of civil partnership in Scotland. Your spouse or civil partner must not object to the divorce or dissolution of civil partnership for any reason. If there is an objection at any stage the simplified procedure will be stopped. Residence You and your spouse or civil partner must live in Scotland You and your spouse or civil partner were both last habitually resident together in Scotland and one of you still resides there Your spouse or civil partner is habitually resident in Scotland You are habitually resident in Scotland having resided there for at least one year immediately before this application is made You are habitually resident in Scotland having resided there for at least six months immediately before this application is made and you are domiciled in Scotland You and your spouse are domiciled in Scotland Either you or your spouse or civil partner are domiciled in Scotland (additional provisions apply which enable nationals of other member states of the European Union to qualify) Reason for divorce To qualify for a Simplified Divorce in Scotland your marriage must have broken down irretrievably because you and your spouse have lived apart: for at least one year and your spouse / civil partner will consent to the divorce / dissolution of civil partnership in writing or: for at least two years. or: you or your spouse /civil partner has been issued with an interim gender recognition certificate. If you wish to apply for a divorce / dissolution of civil partnership for any other reason, you should consult a solicitor or ask for advice from your nearest CAB. Children To qualify for a Simplified Divorce in Scotland, there must be no children of the marriage / civil partnership under the age of 16. This includes adopted children or children accepted into the family. Finances To qualify for a Simplified Divorce in Scotland, neither you nor your spouse / civil partner may claim any lump sum or maintenance payment. Think this over carefully and seek legal advice about this if you are in any doubt. Mental Disorders To qualify for a Simplified Divorce in Scotland, there must be no sign that your spouse or civil partner is unable to manage his or her affairs because of mental illness, personality disorder or learning disability. No other court proceedings To qualify for a Simplified Divorce in Scotland, there must be no other court proceedings under way which might result in the end of your marriage or civil partnership. Cost of a Simplified Divorce The cost of a Simplified Divorce application or an application for a Simplified Dissolution of Civil Partnership in Scotland is £90. An additional payment may be asked for if there are difficulties in serving the forms by post upon your spouse / civil partner. You may not need to pay these fees - for example, if you are on income support or receiving advice and assistance from a solicitor under the Legal Advice and Assistance Scheme. How to apply for a Simplified Divorce Downnload the Simplified Divorce forms here or ask for them at your nearest Sheriff Court. Complete the application form, and in cases where the grounds for divorce are one year'’s separation, ask your spouse / civil partner to sign the consent form included and return it to yo Fill out the affidavit and sign it before a justice of the peace, (your nearest CAB, local authority or District Court will help you to find one) or before a notary public or commissioner for oaths. Return the completed form and affidavit, to your nearest Sheriff Court or the Court of Session, Parliament House, Edinburgh EH1 1RQ, together with: either the court fee or a completed form claiming exemption from the court fee |
2. Do you and / or your spouse live or are domiciled in Scotland? 3. Is the divorce going to be uncontested? If you can answer yes to these three simple questions then you can complete your divorce online without having to go to court. If you live in England or Wales click here. |
| Divorce In England and Wales Ending A Marriage The Divorce Process The Divorce Procedure Grounds For Divorce Uncontested Divorces Maintenance |
Children And Divorce The Effect Of Divorce On Children Helping Children Cope Your Role As A Parent What To Tell Children When To Tell Children |
Divorce In Scotland Grounds For Divorce (Scotland) Simplified Divorce (Scotland) Non-Simplified Divorce (Scotland) Your Nearest Sheriff Court |
About Divorces.co.uk About Divorces.co.uk Divorce Glossary |
© Copyright © 2006 - 2011 Divorces.co.uk - All Rights Reserved Please note that the information provided on this website relating to divorce is not a substitute for personal legal advice. |
