OBTAINING A DIVORCE IN SCOTLAND
Simplified divorce Procedure
If you and your spouse have no children under the age of 16 year, including adopted children or children accepted into the family and have agreed on the division of property and any maintenance payments, the divorce is “uncontested”.
In theses circumstances you may be able to obtain a divorce under what is called the Simplified Divorce Procedure that just involves the completion of one form. To qualify you need to meet the following conditions:
- You or your spouse must have resided in Scotland for the year preceding the divorce, or consider Scotland your principal place of residence
- Your marriage has broken down irretrievably as you and your spouse have lived apart for at least two years and your spouse is willing to consent to the divorce or you have lived apart for at least five years
- Neither of you has any mental health problems that your prevent you from managing your affairs
- You have no children under the age of 16 including adopted children or children accepted into the family
If, after you separate, you live together temporarily to attempt a reconciliation for a period of not more that six months, you can still apply for a divorce under the Simplified Procedure but you cannot count the period during which you lived together. So for example if you separated for one year, lived together for four months and then separated again, you would have to wait two years and four months from the date you first separated if your spouse consents to a divorce, or five years and four months if your spouse does not consent.
You will need to lodge your marriage certificate with the divorce application. If yours has been lost, you can obtain a certified copy for a fee. You can obtain an extract or copy from the officer where your marriage was registered.
If you were married in England or Wales, you can apply for a certified copy of your marriage certificate from the General Register Office .If you were married elsewhere, it will be necessary to get a certified copy from the country in which you were married. If the marriage certificate is in a language other than English you will need to provide the court with a formal translation.
For a two year divorce, the form SPB will need to be lodged. These forms are included in DIVORCE SERVICES DIVORCE PACK 1 (SCOTLAND)
The divorce application will need to be lodged at the Sheriff court nearest your spouse’s place of residence together with the correct court fee.