Divorce
Divorce
Research has shown that divorce rates are the lowest they have been for more than two decades. Despite this reduction thousands of couples still divorce every year and it is estimated that around 1 in 3 Scottish marriages end in divorce. Divorce is an inevitably hard time for everyone involved whether it is you or your children. However, the more you know about the process the easier it will be to get through it.10 Most Asked Questions
- How much will a divorce cost?
According to the ‘Simple Free Law Advisor’ the minimum you can expect to pay for your divorce is around £300. For £300 this is normally an amicable divorce when both parties are in agreement to the legal contract that is drawn up between them and there is a two year waiting period.
- How do you find a solicitor?
Please view the list of solicitors available in Edinburgh.
If you can recommend somebody please contact us with their details at info@informedwomen.co.uk .
- How do you save on legal fees?
One way you could save on legal fees is to carry out a DIY divorce. Details can be found at http://www.divorcelawscotland.com/web/site/Services/DIYDivorce.asp . If you have any comments or you have used this service why not contact us?
Another way in which you could save on legal fees is to agree with your partner to split the legal fees between the two of you. According to the ‘Simple Free Law Advisor’ there is also a means tested scheme by which you can seek financial assistance for your divorce. This scheme falls under the Legal Advice and Assistance scheme, more commonly known as the Green Form Scheme. It's relevant to you if you're already receiving Income Support, Family Credit; income-based Job Seekers Allowance or a Disability Working Allowance.
- What happens if a compromise cannot be found?
If an agreement cannot be made amicably with the support of your solicitor or with the help of a mediator then you may need to make an application to the court to have your problems resolved. However, this is an extremely expensive way to deal with your divorce and can make your separation a bitter one.
5. What questions should you ask a solicitor before hiring them?
There are a number of questions you should ask a solicitor before you hire them to handle your divorce in order to ensure he/she is the best person to represent you.
· How long have they been a practicing solicitor?
· How many of the cases that they deal with are divorce?
· What approach will they take for the case and how long do they think
the case will last?
the case will last?
· What outcome do they expect for you?
· How much will their service cost and will this be charged on an hourly rate?
· Are you eligible for financial assistance from the Green Form scheme?
6. What are the grounds for divorce in Scotland?
The European Commission website explains that the one ground for divorce in Scotland is the irretrievable breakdown of a marriage proved by either one of the following grounds;
- The defender's adultery
- The defender's unreasonable behaviour
- The defender has deserted the pursuer
- The non-cohabitation of the parties for two years, with the consent of the other spouse
- The non-cohabitation of the parties for five years.
- How will your pension be affected?
The solicitors Morton Fraser have a useful article on their website giving tips on how to maintain your pension after a divorce. This article can be found at http://www.morton-fraser.com/includes/html/getFileData.php?id=4987 .
- How long will the divorce take?
In an uncontested case a divorce can be finalised in around two to three months. However with court actions which are defended the process is considerably longer often taking over a year.
- Can you have a divorce if you have only been married for a short time?
Generally whether you have been married for two weeks, two months or two years you can file for divorce. In exceptional cases if you have been married for a very short time you may be eligible for an annulment. However, you should contact your local solicitor to find out if this option is possible in your circumstances.
- Does it matter who divorces whom?
This is a commonly asked question when couples are going through a divorce. The answer is that the partner who is being divorced is at a definite disadvantage in the situation. One of the reasons for this is that the person who filed for divorce is in control of the speed of the proceedings which can make things inconvenient. An obvious disadvantage for the one being divorced is that they have to pay the legal fees. However, some couples manage to get around this problem by deciding between them that they will divide the cost of the legal fees. Fortunately who divorces who has no effect on the outcome of your divorce and the division of your matrimonial possessions or property. Most importantly it has no effect on who receives residence of children.
Useful Links for Divorce
Simple Free Law Advisor
Divorce Law Scotland
Family Law Association Scotland
A-Z of Scottish Law Websites
Divorce Aid
This legal information is simply a guide and does not constitute advice.
Please contact your local solicitor for more information and advice.
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