What is my wife entitled to in a divorce Scotland?


Sharing is Caring


What am I entitled to when I divorce? In Scotland, the law states that each person is entitle to a ‘fair’ share of the matrimonial property – the assets accumulated during the marriage. In most cases, that will be a 50:50 share.

How much does it cost to get a divorce in Scotland?

DIY divorce application – to apply for divorce using the simplified procedure, you will either need to pay £128 to the Sherrif Court or you can pay £134 to the Court of Session. Minute for Decree – this is the document they officially finalise the divorce. It will cost £51.

How long does it take to get a divorce in Scotland?

Simplified divorce normally takes around 6-8 weeks from the papers being lodged at the court to grant. An undefended ordinary divorce takes around 8-12 weeks from the lodging for the papers.

How much does it cost for a simplified divorce in Scotland?

To apply for a ‘simplified’ divorce or dissolution – the cost is £128 (Sheriff Court) or £134 (Court of Session). You might be able to use this if you don’t have children under the age of 16 and you and your ex-partner aren’t claiming a lump sum or ongoing payments from each other.

Who pays for a divorce Scotland?

The question of who pays the divorce court fees in Scotland usually depends on who initiates the divorce proceedings – the court can if it chooses, order the respondent (the one who is being divorced) to pay the legal fees of both sides.

Who pays for a divorce?

One spouse may agree to pay for the legal fees and court fees and offset the total cost against assets such as joint savings. Who pays what will likely depend on the circumstances of each couple and how well they get on following the separation.

Can you get divorced without a lawyer in Scotland?

You won’t be able to use the DIY divorce procedure because the court will want to make sure there are arrangements for the care and support of the children. You’ll need to use the ordinary divorce procedure. You’ll need a solicitor for the ordinary divorce procedure so it’ll be more expensive than a DIY divorce.

Do you need a separation agreement before divorce in Scotland?

Separation agreements are legally binding in Scotland and it can be enforced in the same way as a court order if the agreement is registered. This means that you need to think carefully about what you are agreeing to.

How can I get a quick divorce in Scotland?

  1. The marriage has broken down irretrievably and there is no prospect of reconciliation;
  2. You have been separated for at least one year and your spouse is willing to sign a consent form, or you have been separated for at least two years;

Does a husband have to support his wife during separation?

…a person has a responsibility to financially assist their spouse or former de-facto partner, if that person cannot meet their own reasonable expenses from their personal income or assets. Where the need exists, both parties have an equal duty to support and maintain each other as far as they can.

Are assets split 50/50 in divorce Scotland?

This is different from the position in England where the couple’s assets are all considered to be relevant to the overall settlement. Scottish law presumes that a 50/50 split of the matrimonial property will be fair.

Does my husband have to pay the bills until we are divorced UK?

Both spouses should continue to pay any household bills they were paying prior to their decision to separate. If regular bills are not paid during this period, this can lead to either or both parties receiving County Court Judgments (CCJs), which can make it harder to obtain credit in the future.

How long does a one sided divorce take?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

Can a separated wife claim my inheritance Scotland?

The general rule in Scots law is that any gift or inheritance received by either party before or during the marriage does not form part of the matrimonial property. The matrimonial property is the property which the court will consider splitting between the parties when they separate or divorce.

Can you arrange your own divorce?

Anyone can opt for a DIY divorce or dissolution, but that doesn’t mean it’s suitable for everyone. As a guide, you might be able to sort out your divorce or dissolution and your finances yourself if: your ex-partner agrees to a divorce or dissolution, or you’ve been separated for five years or more.

Do I need to tell HMRC if I get divorced?

Tell HM Revenue and Customs ( HMRC ) if: you get married or form a civil partnership. you divorce, separate or stop living with your husband, wife or partner.

What happens to house in divorce Scotland?

Both spouses can remain in the matrimonial home until they are divorced unless there is a court order to the contrary. If only one of the couple owns the house, the spouse who does not have ownership will lose their right of occupation on divorce.

Can my ex wife claim money after divorce Scotland?

The Court in Scotland favour the “clean break” principle which means that wherever possible, they seek to ensure that people will no longer be financially connected to each other after divorce. This means that any future wealth accrued by a party is protected from any future claims by their ex spouse.

What are the five stages of divorce?

There are two processes in divorce. The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance.

Do you need a reason to divorce?

A no fault divorce can be granted on grounds such as irretrievable breakdown of the marriage, irreconcilable differences, incompatibility, or after a period of separation, depending on the state. Neither party is held responsible for the failure of the marriage.

Who pays solicitor fees in a divorce?

Solicitor fees Generally, each party is responsible for paying their own costs. It is difficult to state how much this will cost each party since it will depend on many factors, including whether or not the divorce is contested and the complexity of family and financial arrangements.

Can you do an online divorce in Scotland?

Scottish Divorce Online are legal divorce specialists, catering to clients throughout Scotland and across the world. We have built a sterling reputation as leading online divorce service professionals. Our expert consultants have over 30 years’ experience working on cases just like yours.

Is there no-fault divorce in Scotland?

By contrast, in Scotland, a couple can go through a “no fault” divorce after one year of separation, if both spouses agree (if they don’t, it’s two years). Over nine out of ten divorces are granted on the ground of separation rather than one of the “fault” grounds.

How long do you have to be separated before divorce is automatic UK?

You can apply for divorce on a number of grounds, two of those are based on separation of two years or more. If you have been separated for two years a divorce process can be followed and a divorce obtained on the ground of two years separation, however both parties must agree for a divorce to proceed on this ground.

What is spousal maintenance Scotland?

If you are in a marriage or a civil partnership and have separated, then you may need some monthly payment from your ex on a regular basis until everything is sorted out. This is called spousal maintenance or, to use the legal term, ‘aliment’.

Craving More Content?

Maine Divorce Law Blog