The Grounds For Divorce in Scotland
If you are considering getting a divorce in Scotland, you may feel daunted at the long legal process that can potentially be involved. A divorce lawyer can help you from the beginning, providing guidance and support at every step. But whether you decide to ask a legal expert or go it alone with a 'DIY divorce' the first step must always be deciding up the reasons for divorce.
Grounds For Divorce.
In Scotland, there are two grounds for divorce:-
* One of the partners in the marriage has an 'interim gender recognition certificate';
* The marriage has broken down irretrievably.
In the case that one of the partners is a transsexual, he/she must apply to a Gender Recognition Panel for a gender recognition certificate, thus providing a perfectly valid ground to end his/her divorce.
The second ground - that there is an irretrievable breakdown of marriage - can be proven in one of four ways:-
1. Adultery.
If your spouse has had sexual relations with another person, then this will be sufficient grounds for the court to grant a divorce. Within the law, committing adultery only relates to having relations with a member of the opposite sex. However, if your spouse has had a sexual relationship with someone of the same sex, then a court will take consider how this may have led to the irretrievable breakdown of a marriage.
It will be necessary to provide details of the adultery, including dates and places. Therefore it will be much easier if both members of the marriage are in agreement that adultery took place, making it impossible for them to continue living together. Otherwise, it will be necessary to provide the court with evidence - something that can be difficult to acquire.
2. Unreasonable behaviour.
A divorce may be granted on the grounds that one person in the marriage has behaved so unreasonably the other is no longer able to remain living together. 'Unreasonable behaviour' can cover an array of issues, from physical violence and cruelty, to more subtle factors such as psychological abuse.
As with adultery, the court will need to see evidence that one partner has behaved unreasonably. This may be through a medical report, or even through witness statements from family, friends and neighbours.
3. You have been living apart for one year (and you both agree to divorce).
If you have been living apart for one year and you both agree to divorce, then the court will accept your marriage has broken down irretrievably. While this separation should be continuous for an entire year, it will still be considered so even if you live together for up to six months within that year. Thus if you separate for five months, attempt reconciliation for three months but separate again, then the first five months of living apart will count towards your year's separation.
4. You have been living apart for two years.
If you have been living separately continuously for two years or more, then you can apply for a divorce - even without the agreement of your partner.
Need specialist Family Law Solicitors Edinburgh?
McKay Norwell are Edinburgh Lawyers serving individual and business clients across Scotland.
Grounds For Divorce.
In Scotland, there are two grounds for divorce:-
* One of the partners in the marriage has an 'interim gender recognition certificate';
* The marriage has broken down irretrievably.
In the case that one of the partners is a transsexual, he/she must apply to a Gender Recognition Panel for a gender recognition certificate, thus providing a perfectly valid ground to end his/her divorce.
The second ground - that there is an irretrievable breakdown of marriage - can be proven in one of four ways:-
1. Adultery.
If your spouse has had sexual relations with another person, then this will be sufficient grounds for the court to grant a divorce. Within the law, committing adultery only relates to having relations with a member of the opposite sex. However, if your spouse has had a sexual relationship with someone of the same sex, then a court will take consider how this may have led to the irretrievable breakdown of a marriage.
It will be necessary to provide details of the adultery, including dates and places. Therefore it will be much easier if both members of the marriage are in agreement that adultery took place, making it impossible for them to continue living together. Otherwise, it will be necessary to provide the court with evidence - something that can be difficult to acquire.
2. Unreasonable behaviour.
A divorce may be granted on the grounds that one person in the marriage has behaved so unreasonably the other is no longer able to remain living together. 'Unreasonable behaviour' can cover an array of issues, from physical violence and cruelty, to more subtle factors such as psychological abuse.
As with adultery, the court will need to see evidence that one partner has behaved unreasonably. This may be through a medical report, or even through witness statements from family, friends and neighbours.
3. You have been living apart for one year (and you both agree to divorce).
If you have been living apart for one year and you both agree to divorce, then the court will accept your marriage has broken down irretrievably. While this separation should be continuous for an entire year, it will still be considered so even if you live together for up to six months within that year. Thus if you separate for five months, attempt reconciliation for three months but separate again, then the first five months of living apart will count towards your year's separation.
4. You have been living apart for two years.
If you have been living separately continuously for two years or more, then you can apply for a divorce - even without the agreement of your partner.
Need specialist Family Law Solicitors Edinburgh?
McKay Norwell are Edinburgh Lawyers serving individual and business clients across Scotland.
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