If parties are married, once all of the financial matters have been resolved, they can proceed to get divorced. There are two grounds of divorce in Scotland: –
- An interim gender recognition certificate has been issued to one of the parties; or
- The marriage has broken irretrievably as established by: –
- Unreasonable behaviour of one of the parties to the marriage
- One year separation with the other party consenting to the divorce
- Two years separation ( the consent of the other party is not required)
The matter of adultery is not applicable to same sex marriages.
Simplified Divorce/Dissolution procedure
If there are no children of the family under the age of sixteen, where the ground of divorce/dissolution is the issue of an interim gender recognition certificate, one year separation with consent or two years separation, an application can be submitted to the court via the simplified procedure, which is essentially an administrative process.
If there are children of the family under the age of sixteen, a formal action of divorce or dissolution will be required to be raised in court, although this will often be undefended in the event that the financial matters have been agreed.
Please contact a member of our expert team on 0131 226 6541 or 0141 332 5666 for advice on divorce.
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