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Divorce Law Scotland
In Scots Law, there is only one ground of divorce: irretrievable breakdown of marriage. However, you have to show that your situation falls under one or more of these categories:
Separation for more than a year with the consent of your spouse.
Separation for more than two years, in which case consent isn’t needed.
Unreasonable behaviour – this includes behaviour such as violence, mental cruelty, drinking, gambling – anything you shouldn’t be expected to put to up with.Desertion – where your spouse has left you more than a year ago, and where you’ve not refused to take him or her back without good reason.
If you’ve no children under 16, and where there are no finances to be sorted out, then you can use what’s called the "Simplified Procedure".
Contact us today and we can help you complete
the forms for the simplified procedure and support you with some advice
More Law Information:
Co Habiting Couples:
Since the Family Law (Scotland) Act 2006 came into force co habiting couples now have similar rights to married couples. In particular they may be able to make a claim for a capital upon the dissolution of the partnership. A presumption is made about ownership of the family home and issues arise in relation to what will happen if one partner dies without leaving a will. For more information on the issues that arise just get in touch for a FREE online consultation.
We can assist you by drafting a Separation Agreement. We all know that protracted court cases can cost thousands of pounds and it can benefit all parties if an agreement can be drafted wherever possible.
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