Divorce Guide

Divorce law in Scotland

Divorce is not to be decided by one party alone, both the partners must think again and adjustments should be done and if there is no scope then you can take further step. Only one thing can save your relationship and that is mutual understanding. However, in case of total disagreement, divorce in Scotland is established on the basis of the irretrievable fall down of wedding. When the two believe that there is no future scope at all, the court accepts the petition for divorce. Scottish law is set out in the Divorce (Scotland) Act 1976.

In order to get divorce in Scotland, you need to base your case on the following grounds:

1. Unreasonable Behavior: According to the Scottish Divorce Law, the unreasonable behavior means that one of the partners is acting in such an approach that it is absurd or unbearable for the other partner to adjust at all. This is the most common ground in which people generally pertain for the divorce case. Moreover, it is also too easy for a couple to make available evidences on the grounds of unreasonable behavior. Unreasonable behavior can cover many set-ups and is not just constrained to violence by husband towards his wife. It also includes customary disregard towards the family or being vocally obnoxious and offensive at home.

2. 1-Year Separation with Consent: The most commonly used basis of divorce in Scotland is 1-year separation. In such a case none of the parties must have any enduring financial clash. Here one partner might file the suit and the other one need to give his/her consent by signing the form. The case becomes simple if no children are involved but in case of children (below 16 yrs), a substantiation has to be produced in affidavit form (statements signed in front of a notary public) about the child's welfare. Court manifestations might not be indispensable.
3. 2-Years Separation without Consent: This process is quite similar to that of 1-year separation, only difference being that of consent. In the two-year separation ground, you don’t need a consent signed from the other partner.
4. Adultery: Scottish law describes adultery as an act whereby a wedded person has had a sexual affinity with the opposite sex who is not the lawfully accepted spouse. Secret investigators can also be used into service to collect substantiation in such a case. If the case involves betrayal as the ground of divorce, then the reason should be unreasonable behavior rather than adultery.

Divorce law in Scotland is based on the above mentioned grounds.

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