Getting Divorced in Scotland
If your marriage has broken down and you have children under the age of 16 or financial matters in dispute, you will require an Ordinary Divorce. Our experienced team will guide you through the process.
- Fixed fee of £1,500+VAT for undefended ordinary divorce
- Typically completed in 10 to 14 weeks
- Expert representation for defended divorce actions
The Scottish divorce procedure used where the simplified route is not available.
An Ordinary Divorce is required where there are children of the marriage under 16, financial orders are sought, the divorce is defended or the simplified procedure is otherwise unavailable. It can be undefended and relatively contained, or form part of wider court proceedings about finances and children. If papers have already been served or an action is underway, we can review the pleadings, deadlines and orders sought and advise on the next stage.
For a qualifying Undefended Ordinary Divorce, our fixed legal fee is £1,500 plus VAT. The current court fees for lodging the action and affidavits total £273, giving a standard total of £2,073. We confirm the scope before work begins.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
What Does Our Ordinary Divorce Service Include?
At Kee Solicitors, we support you through every stage of the ordinary divorce process. From preparing your initial application to guiding you through financial and child-related matters, our team ensures you are fully informed and supported throughout.
How an Undefended Ordinary Divorce proceeds.
We obtain the information and documents needed, confirm the legal basis for divorce and prepare an Initial Writ for the Sheriff Court. Once the court warrants the writ, it is formally served on your spouse. The period for lodging a defence is normally 21 days from service.
If no defence is lodged, evidence is usually provided by affidavit. We prepare the affidavits and arrange for them to be sworn before a notary public, then lodge them with a request for decree. The sheriff can grant divorce without a personal court appearance if satisfied that the legal requirements and any arrangements for children have been properly addressed.
Defended divorce and cases involving financial or child-related disputes.
A divorce becomes defended where your spouse disputes the legal basis, opposes orders sought, or raises claims of their own. The court will set a timetable that can include procedural hearings, disclosure, expert evidence, negotiation and, if matters remain unresolved, an evidential hearing or proof.
Financial claims should be resolved by agreement or properly included in the court action before decree is granted. We will identify the orders required, advise on settlement throughout and prepare the case for court where agreement cannot be achieved.
Our Dedicated Team of Family Law Experts
Clear advice on the route, cost and decisions that matter.
We will not treat every Ordinary Divorce as contentious. Where the case can remain undefended, we keep the process focused and efficient. Where there is a genuine dispute, we give you a realistic strategy, explain the evidence required and ensure that important financial and family issues are not overlooked. If another firm has already started the action, we can review what has been done and take over where appropriate without repeating work unnecessarily.
You will know what stage the case has reached, what needs to happen next and why. If the scope changes, we discuss the likely work and cost with you before taking the next significant step.
Our one-hour fixed-fee initial consultation costs £250 + VAT. You will receive focused advice from a family solicitor, a written assessment of your position and a tailored estimate for any further work.
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Frequently Asked Questions: Ordinary Divorce in Scotland
Common questions about the ordinary divorce process in Scotland.
What is the difference between an undefended and a defended divorce?
An undefended divorce is one in which no formal defence is lodged and the orders sought are not contested. A defended divorce involves opposition to the divorce, financial claims, child-related orders or another issue that requires the court to manage and decide the dispute.
How much does an Undefended Ordinary Divorce cost?
Our fixed legal fee is £1,500 plus VAT. The current court fees for lodging the action and the affidavits total £273, giving a standard total of £2,073. Additional service or other outlays are discussed if they become necessary.
How long does an Ordinary Divorce take?
A straightforward undefended action often takes a number of weeks after service, but the timing depends on the court and the evidence required. A defended action can take many months or longer, particularly where there are complex financial or child-related issues.
Will I have to attend court?
You will not normally attend court in an undefended action supported by affidavits. In a defended case, procedural hearings may be dealt with by your solicitor, but you may need to attend or give evidence if the dispute proceeds to an evidential hearing.
Can financial matters be dealt with in the divorce action?
Yes. Claims for capital sums, property transfer, pension sharing, periodical allowance and other financial orders can be included. It is important to take advice before decree because financial claims can be lost if the marriage is ended without preserving or resolving them.
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