The cost of divorce depends on the particulars of your case and the extent of any dispute in relation to financial matters, matters concerning your children and whether the case will be concluded by agreement or court action. Our divorce law solicitors will be able to discuss this with you and provide a quote based on your circumstances.

If a divorce action is uncontested and there are no financial issues or matters concerning children to be resolved, then a divorce can be completed within approximately 12 weeks. An uncontested divorce in Scotland will usually be completed within a few months. A contested action on either finances, children or both may well take very many months and in excess of a year to be completed.

In Scotland, most people try to resolve any issues concerning either their finances or the arrangements for their children under 16 before applying for divorce. In many cases, once these issues are resolved, the divorce process is fairly straightforward and will involve either lodging a form or a writ at court depending on the particular family circumstances.

A Scottish divorce action where the court is asked to make rulings in relation to finances and/or children is more complex. In Scotland, decree of divorce is granted by the court at the end of the case and is final once extracted by the court (paper copy issued) after the appeal period has completed.

The split of assets is regulated by the principles set out in Section 9(a)-(e) of the Family Law (Scotland) Act 1985 as amended. The legislation calls for a fair division and provides that the starting point is a 50/50 division but special circumstances can sometimes justify a departure from that principle. Your solicitor can talk you through this in more detail relating to your particular circumstances.

Normally, arrangements in relation to children are done by agreement after discussion between the parties and negotiation via solicitors. Sometimes, the arrangements can be set out in either a separation agreement or a parenting plan. If agreement cannot be reached, then the court is required to make decisions about the arrangements for the children to spend time with each parent.

We have a dedicated tax team who will be able to advise on any tax aspect arising in connection with a divorce. There may well be tax consequences. Much depends on the timing of any transfer and the specific details of the arrangements around that transfer.

After divorce, payment of a periodical allowance can be ordered by the court. Generally, the maximum award is for a period of three years after divorce. Often, the award is for a considerably shorter period and some exceptions do apply. For specific advice in relation to your circumstances, please speak to one of our divorce lawyers.

In Scotland, a separation agreement is a contract which regulates, in a binding way, the arrangements that the couple have reached in relation to division of their finances.

It is also possible to include in the separation agreement arrangements in connection with child residence and contact as well as child maintenance. However, it is important to note that these aspects are not binding in the way that the financial arrangements between husband and wife are binding.

A pre-nuptial agreement is simply a contract and, provided it is entered into with appropriate advice and the necessary safeguards, then such an agreement will be legally binding.

It is a requirement of the legislation that such an agreement is fair and reasonable at the time it was entered into. Particular care must be taken in relation to a pre-nuptial agreement and we would advise that you speak to your solicitor on your particular circumstances.

The arrangements for any child of a divorcing couple can be the subject of court orders. The court is required to consider what is in the best interests of the child. The court will have to take into account whether both or only one of the parents has parental rights and responsibilities in respect of that child. The child’s own views will normally be taken into account unless the child is very young or unable to understand the issues before the court.