Scottish DivorceScottish Divorce SimplifiedDo I Qualify for the simplified procedure in Scotland? You may qualify for a "do-it-yourself" divorce in Scotland if all the conditions below are met. You can now divorce after just one year of separation following recent. Residence requirementsYou or your husband or wife must either think of Scotland as your permanent home or have lived in Scotland for at least one year immediately before you apply for divorce Divorce grounds coveredYour marriage must have broken down irretrievably because you and your husband or wife have lived apart either for at least one year and your husband or wife will consent to the divorce in writing. or for at least two years if your spouse does not consent to the divorce. If you wish to apply for a divorce for any other reason, you should look at our non simplified service or consult a solicitor or ask advise from your nearest Citizens Advice Bureau. We can recommend a very good Scottish divorce service if you wish us to. ChildrenThere must be no children of the marriage under the age of 16. This includes adopted children or children accepted into the family. Financial mattersNeither you nor your husband or wife may claim for any lump sum, property transfer order, pension orders or maintenance payments. If you have reached agreement but do not require a formal order then you may proceed. If you have not reached agreement then you will need to consult a Solicitor. No mental disabilityThere must be no sign that your husband or wife is unable to manage his or her affairs because of mental illness or mental handicap. No other court proceedingsThere must be no other court proceedings under way which might result in the end of your marriage. Other points you should consider before applying: MoneyYou can only apply if money is not an issue at the time of the divorce. This means that neither you nor your husband or wife wishes to ask for: maintenance (called periodical allowance) - a regular weekly or monthly payment of money and/or a lump sum (called a capital sum) or pensions. Court fees
Please note there are standard court fees payable to the court for this application of £90.00
Information on this page is current and last updated: 12/03/2008 |
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Information on this page is current and last updated: 12/03/2008
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