WHAT HAPPENS ON DIVORCE?
The breakdown and end of any relationship is painful. There are many issues to resolve. A solicitor can offer advice and guidance at this confusing and difficult time.
Divorce and Separation will mean making arrangements for your children, sorting out your finances and deciding where you're going to live. A solicitor can advise on these and other matters which cause concern. Couples who are separating should approach a solicitor for guidance at the earliest opportunity.
Frequently Asked Questions:
When can I get a divorce?
You can apply to the local Sheriff Court or the Court of Session in Edinburgh for a divorce, if you can show that your marriage has broken down irretrievably. You must prove ONE of the following points:
1. You have lived apart for more than two years and your spouse consents to a divorce being granted.
2. Your spouse's behaviour is unreasonable and, as such, you can no longer be expected to live with him or her.
3. Your spouse deserted you more than two years ago.
4. Your spouse has committed adultery.
5. You have lived apart for more than five years.
How long will it take?
Although in some circumstances you can apply for a divorce very soon after you separate, it may take time to get a divorce certificate. There may be complex matters to be resolved. For example, the Sheriff or Judge must be sure you have made the best arrangements for the care and upbringing of any children. You may also have money matters to sort out.
What about maintenance?
The Child Support Agency may have to become involved unless you and your former partner can agree the amount of maintenance to be paid for your children. You may negotiate between yourselves, through your solicitors or you can obtain help from trained Mediators. Your solicitor will advise you. Applications for maintenance between spouses can be made to the Court if necessary. You should ask your solicitor for advice on the best way forward.
What about the children?
Parents often find it difficult to agree the best arrangements for the care of their children following a separation. Ultimately, if those arrangements cannot be agreed, application cannot be agreed, application can be made to the Court to decide with whom the children should live and how much time they should spend with their other parent. Trained Mediators can also help couples decide what is best for their children and arrive at arrangements which would be in the best interests of their children.
My husband is violent and aggressive. I'm afraid of him and am concerned about my safety and the safety of my children. What can I do?
You can apply to the Court for an order called an interdict to prevent your husband from harassing, annoying or assaulting you or the children. You can also apply for an order excluding your husband from the family home. Such orders are usually applied for in emergency situations and therefore you should consult your solicitor for advice at the earliest possible opportunity.
How much will a divorce cost?
Legal Aid may be available to pursue or defend Court proceedings. Whether you're eligible for Legal Aid will depend not just on your financial circumstances, but also on the merits for your case, or your defence to any court action raised against you. If you qualify for Legal Aid, you may still have to pay a contribution towards the cost of the legal action. Your solicitor will advise you on your eligibility and the likely level of any contribution.
Unmarried couples
The points dealt with above relate to the position where married couples are splitting up. If you are unmarried but living together and contemplating splitting up, many of the same issues may apply and you should contact your solicitor for advice.
The important thing to remember is:- SEE YOUR SOLICITOR FIRST.