A Divorce is obtained by a court application and legally terminates the marriage. In cases where there are no children under the age of sixteen and no assets to divide and no claims for ongoing maintenance then it can be obtained by a using the “Simplified Procedure” at your local Sheriff Court.
In cases where that is not possible then a formal application is required and expert help from a solicitor is essential. A Divorce can only be granted by a Court if it is proved that the marriage has broken down irretrievably either by the requisite period of time of separation, by adultery or by unreasonable behaviour.
Ideally, with professional input, you and your spouse will be able to agree on all matters and proceed to the court simply to obtain the divorce. Prior to doing so the Agreement you have reached requires to be formalised in writing, signed and registered.
If it has not been possible to reach a reasonable settlement then we will take your case to court in order to ensure a satisfactory outcome. In the vast majority of cases however an agreed settlement is achieved through careful, thorough and effective negotiation.
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