As a major decision with significant legal processes involved, couples must meet certain criteria in order to register for divorce. In essence, one spouse or both have to be able to establish an irretrievable breakdown of the marriage. This can be established on the basis of:
- Your spouse’s unreasonable behaviour;
- Your spouse committing adultery;
- One year’s non-cohabitation with consent to divorce; or
- Two years' non-cohabitation without consent
The court can grant a divorce in the event that you have been separated for a year and both parties agree. If one spouse objects to the divorce you may still be able to apply for a divorce without consent, however require to wait for 2 years of non-cohabitation. Even in the event that you and your partner have reconciled for a brief period, divorce may still be granted, as long as the period you were together again was not more than 6 months. Our family lawyers can provide specific advice if you are in this situation.
Divorce may also be granted on the basis that one partner has undergone gender reassignment surgery. In this case, an application can be made for a gender reassignment certificate.
It is extremely important to know that once divorced you are unable to retrospectively make claims in relation to matrimonial assets and liabilities.
In the event that you do not have any children under the age of 16 and have sorted financial matters, you can apply to the Court for what is known as a Simplified Divorce. This is the cheapest and quickest option available. However, it is still highly advisable that you use the services of a solicitor to avoid unnecessary complications and to ensure you are aware of your rights and the consequences of such action. We can offer a fixed fee divorce, where you meet the criteria for Simplified Divorce
If you have children of the relationship under the age of 16 or if there are any outstanding financial issues, you will not qualify for a Simplified Divorce. In such circumstances, you will need to apply to the Court for an Ordinary Cause Divorce. Where children are concerned this involves a more complex process in which the Sheriff will need to be satisfied in respect of the welfare of the child or children.
More On Ordinary Divorce
We can process your Divorce for as little as £160 + VAT & Outlays (£320 total), depending on your circumstances. We strive to keep our costs as low as possible, whilst delivering high quality legal advice and representation to suit your personal circumstances. Browse our site to find out more about our fees, and the circumstances in which we can offer a fixed fee divorce.
Separation applies to both married and unmarried couples. Depending on the relationship, a separation of a non-married couple can be just as complex as divorce. After all, although your ‘marriage’ might not have been officially recognised by the courts, your life can still be intertwined in countless complicated ways.
For example, you may have purchased a property together, have split the costs of most of the contents inside, and of course may have a child or many children together. In this event, although it may not technically be a ‘divorce’, it is nonetheless vital that you seek the support and legal advice of experienced family solicitors.
One thing which is particularly important to keep in mind in regards to financial claims upon separation is that cohabiting couples only have 12 months from the date of separation to make these claims. For this reason, early consultation with a solicitor is key if you find yourself in this particular circumstance. Learn more about cohabitation agreements.
A separation agreement is a legally binding document which formally records how matrimonial assets and debts will be divided, where any children will live and the amount of financial support to be paid. Having a solicitor draft a separation agreement with your former partner will substantially reduce the legal cost in comparison to the alternative of letting the court determine how the finances will be split, or worse trying to remedy matters once finances have been dissipated.
The separation agreement can be prepared for married couples as well as cohabiting couples or civil partners. This will regulate and outline various assets and liabilities that are to be divided and will resolve each person’s payment responsibilities. In a divorce, this can also regulate anything from sale of the matrimonial home to the level of contact with children. Parties are both expected to sign this ’Minute of agreement’ which in turn will allow for the application of a straightforward divorce. It is always advisable that each party obtain independent legal advice in relation to any agreement to be signed.
The best way to get answers to your specific questions is to contact us for a free, no obligation consultation with one of our experienced divorce lawyers.
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