Divorce can be one of the most significant and emotional decisions a person makes. In Scotland, the law sets out specific grounds for divorce that must be met in order for the courts to grant a decree of divorce. At Gibson Kerr, we guide individuals through the legal process with compassion, clarity, and a firm understanding of Scottish family law.
What Are the Grounds for Divorce?
To obtain a divorce in Scotland, you must demonstrate that the marriage has broken down irretrievably. The law recognises four specific circumstances which prove irretrievable breakdown:
- Unreasonable Behaviour
This involves one spouse behaving in such a way that the other finds it intolerable to live with them. This can include a wide range of behaviours, from emotional or verbal abuse to controlling behaviour, excessive drinking, or financial irresponsibility. The behaviour does not need to be extreme, but it must be serious enough to make continued cohabitation unreasonable. - Adultery
If one spouse has had a sexual relationship with someone outside the marriage, this will constitute adultery and can be used as a ground for divorce. Adultery must be proven and typically requires either an admission or strong supporting evidence. - One Year’s Separation with Consent
If both parties agree to divorce, they can apply for one after they have lived apart for at least one continuous year. This route is often used when the separation is amicable and there are no disputes over finances or childcare arrangements. - Two Years’ Separation without Consent
If one spouse does not consent to the divorce, the other may still apply after two years of living apart. The court does not require any other reason for the divorce if the separation period has been met.
Civil Partnerships
The same grounds apply to the dissolution of civil partnerships in Scotland, with the exception that adultery is not recognised. Instead, sexual infidelity may be considered under the umbrella of unreasonable behaviour.
Proving the Grounds
To proceed with a divorce, you must present evidence supporting the chosen ground. For example, this might involve demonstrating the date of separation, submitting statements, or providing documentation of certain behaviours. In uncontested cases, the process is often straightforward, particularly where both parties agree on the reason for divorce and how assets and child arrangements will be handled.
How We Can Help
At Gibson Kerr, we understand that each relationship and separation is different. Whether your situation involves unreasonable behaviour, separation, or other complex factors, our experienced family law solicitors will guide you through the process with clear advice and sensitive support.
We also take a trauma informed approach to divorce and separation, recognising the emotional strain many clients experience during this time.
Family Law Fixed Fee Preliminary Legal Advice
We understand that taking the first step in consulting a solicitor can be daunting and you may be concerned about the likely cost of legal advice. To help you understand your options and the likely cost, we offer a fixed fee package for preliminary legal advice.
Speak to a Divorce Specialist
If you’re considering divorce and want to understand which grounds apply in your circumstances, contact our Family Law team for a confidential chat. We’ll explain your options, your rights, and the steps involved in moving forward.