In Scotland, the divorce or dissolution of a civil partnership can only be obtained by a court order. Irretrievable breakdown is the sole ground for divorce or dissolution but what constitutes an irretrievable breakdown requires evidence of one of the following:-
- Unreasonable behaviour by the person not raising the action
- One year's separation of the couple, with the consent of the person not raising the divorce action
- Two year's separation of the couple, where there is no consent to divorce by the other party
- In divorce actions only, adultery by the person not bringing the action.
Divorce is an increasingly complex area of law and we can provide clear, practical advice in a professional and caring manner. Our aim would always be to resolve matters on behalf of our clients without recourse to court.
If, however, litigation is appropriate or necessary, our family law team can offer representation of the highest standard in the Sheriff courts throughout Scotland and also in the Court of Session in Edinburgh. If your case requires it, we will instruct the top family law advocates, with whom we have good working relationships.