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John Kilcoyne & Company provide dedicated client care and clear and pragmatic advice.
Separation, Divorce & Dissolution
The breakdown of a relationship is an upsetting and emotional time. There are many practical and legal issues which have to be considered. We have extensive experience and offer expert advice wholly focused on helping you through these difficulties. You will find us sympathetic and sensitive to the issues you are facing. We support you with practical and clear advice to deal with the issues and the decisions you have to make. You will find us robust in dealings on your behalf. Our commitment is to keep in mind the best outcome for you and your children.
Separation & Divorce
The circumstances of each divorce are different, however, there is only one ground of divorce in Scotland, that a marriage has broken down irretrievably.
There are four ways of proving an ‘irretrievable breakdown’
- Adultery
- Unreasonable behaviour
- Non-cohabitation for a period of one year with the consent of the other party
- Non-cohabitation for a period of two years, consent of the other party is not needed.
Divorce can only be obtained in Scotland by way of a court order. It is however, advisable to reach agreement on the terms of your separation before applying to the court for divorce. The main issues for you to consider are the child/children if there are any and the financial consequences of separating. A negotiated settlement involves the parties being open and honest, exchanging information to reach a solution to suit their individual circumstances. If the negotiations are successful a formal Agreement can be drawn up. At this stage, parties may be content to move forward with their lives without formally divorcing. This is an option available and either party can at any stage thereafter seek divorce if they wish. If agreement cannot be reached in relation to the children and/or finances, either party can raise an action for divorce in the court and ask for orders in relation to residence/contact and/or financial provision.
If you have financial claims against your spouse it is essential that these are resolved either by way of Agreement or sought from the court made in the divorce action as it is not possible to make a claim after divorce is granted.
If there are no children under the age of 16, neither spouse is making a financial claim, and the ground of divorce is non-cohabitation for a period of one or two years, you can use what is known as the simplified divorce procedure. The cost of a simplified divorce is significantly less than a regular divorce. If however there are children under the age of 16, or financial claims to be made, you will have apply to the sheriff court for divorce governed by the ordinary procedure.
One of the first questions clients ask in relation to divorce is how long the process will take. As a general guide, a simplified or undefended divorce will take about two to three months. A divorce involving disputes over children or finances can last from several months to several years.
Dissolution of Civil Partnership
Civil partnerships were introduced in the Civil Partnership Act 2004. This allows same sex couples to "marry" and acquire very similar rights to those of married couples. As with any relationship, things do not always work out and the procedure for bringing the civil partnership to an end is largely the same as a conventional divorce. Couples have to resolve the financial aspects of their separation as well as make decisions in relation to any children, these disputes have to be settled before the dissolution formally takes place.
Our family law team will advise you of the most appropriate way forward to best suit your particular circumstances and keep you advised throughout the entire process.
To make an appointment
with a family lawyer. Call Us on
0141 423 1400 or click below
with a family lawyer. Call Us on
0141 423 1400 or click below
