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Browse our 3 legal questions about Divorce & Separation in United Kingdom and the lawyer answers, or ask your own questions for free.
Divorce and separation in Aberdeen are governed by Scots law, which is distinct from the law in England and Wales. Most cases are raised in the local Sheriff Court, with Aberdeen Sheriff Court handling the majority of family cases for the city and surrounding area. The key principle is that the court will only grant a divorce or civil partnership dissolution when the relationship has broken down irretrievably, and any arrangements for children and finances are either agreed or can be determined by the court. Couples can also separate without immediately divorcing, often formalising terms in a written separation agreement known in Scotland as a minute of agreement.
- You and your spouse or civil partner disagree on child residence or contact and need a clear, enforceable arrangement.
- You need advice on a financial settlement, including how to divide the family home, savings, debt, business interests, or pensions.
- You want to use the simplified divorce procedure and need to check eligibility and paperwork, or you must use the ordinary procedure and require representation.
- There is family violence, coercive control, or safety concerns requiring urgent protective measures such as interdicts or exclusion orders.
- You have complex assets, international elements, immigration considerations, or a spouse who lives outside Scotland.
- You are considering or challenging a relocation with a child or a proposed change of school or residence.
- You want to negotiate and draft a binding minute of agreement that can be registered and enforced.
- You are a cohabitant rather than married or in a civil partnership and need to make time-critical claims.
- You need advice on eligibility for legal aid and the likely costs and timescales.
Courts and jurisdiction in Aberdeen - Most divorces and child cases are raised in Aberdeen Sheriff Court. The Court of Session in Edinburgh handles some complex or high-value cases. Scottish courts generally have jurisdiction if at least one spouse is domiciled in Scotland or has been habitually resident in Scotland for at least one year before raising the action.
Grounds for divorce and dissolution - The sole ground is irretrievable breakdown of the relationship. This can be proven by adultery, unreasonable behaviour, one year separation with the other party’s consent, or two years separation without consent. For civil partnership dissolution, adultery is not a standalone ground, but conduct can amount to unreasonable behaviour. Separation can be under the same roof if you are living separate lives.
Procedures - The simplified procedure is available when there are no children under 16, no financial claims to be resolved, and the ground is one year separation with consent or two years separation. All other cases use the ordinary procedure, which involves formal pleadings and court timetables. Many cases settle by agreement, which the court can then turn into an order.
Separation agreements - Scottish couples often record agreed financial and child arrangements in a minute of agreement. If registered for preservation and execution in the Books of Council and Session, it can be enforced like a court decree.
Financial provision - The Family Law (Scotland) Act 1985 sets out principles of fair sharing of matrimonial or partnership property, with equal sharing as a starting point. Matrimonial property is generally what is acquired between the date of marriage and the date of separation, excluding gifts or inheritances from third parties unless converted into joint assets. The separation date is the usual valuation date. The court can make orders for capital sums, property transfers, pension sharing, and limited periodical allowance. Ongoing spousal maintenance after divorce is rare and usually short term.
Family home and occupancy - A non-entitled spouse or civil partner can have occupancy rights in the matrimonial or family home even if they are not the owner or tenant. The court can grant exclusion orders where safety or fairness requires it.
Pensions - Pensions are often significant assets. The share attributable to the marriage period can be shared by a pension sharing order. Independent actuarial advice is common where there are multiple or complex schemes.
Children - Parental responsibilities and rights are governed by the Children (Scotland) Act 1995 and later reforms. The court focuses on the child’s best interests and the need to protect the child from harm. Orders about where a child lives or how much time they spend with each parent are made under section 11. Parents should seek consent from everyone with parental responsibilities and rights before taking a child out of the United Kingdom, or obtain a court order if consent is refused.
Child maintenance - Day-to-day child maintenance is mostly administered by the UK Child Maintenance Service using a statutory formula. The Sheriff Court can make orders for aliment in some circumstances, including top-up orders for higher earners.
Cohabitants - Unmarried partners may make limited financial claims when they separate under the Family Law (Scotland) Act 2006. Strict time limits apply, including a one year deadline from the date cohabitation ends to raise a claim in court.
Protection from abuse - The Domestic Abuse (Scotland) Act 2018 and other statutes provide civil and criminal protections, including non-harassment orders, interdicts with a power of arrest, and exclusion orders to keep an abuser out of the home.
Costs, fees, and legal aid - Court fees and rules are set Scotland-wide and change periodically. Means and merits tested legal aid may be available through the Scottish Legal Aid Board for those who qualify. Many solicitors offer fixed fees for simplified divorces and staged fees for ordinary cases.
You begin by choosing the appropriate procedure. If you qualify for the simplified procedure, you complete the application forms and lodge them with the Sheriff Court with the fee and supporting documents. Otherwise, your solicitor drafts a writ for the ordinary procedure and serves it on your spouse. Most people seek early advice to confirm jurisdiction, grounds, and documents required such as marriage certificate and evidence of separation.
No. Most divorces proceed on separation grounds. Proving unreasonable behaviour or adultery is possible but can increase conflict and cost. One year separation with consent or two years separation without consent is commonly used, including through the simplified procedure if you are eligible.
Yes. Separation under one roof is recognised if you are not living as a couple, for example sleeping separately, keeping finances separate, and functioning independently. Keep records because you may need to evidence the separation date.
It is generally the property acquired by either or both spouses between the date of marriage and the date of separation, including the family home, savings, cars, and most pensions. Gifts and inheritances from third parties are excluded unless converted, for example by paying an inheritance into a joint account used to buy the house. Business interests acquired during the marriage are usually included and may need specialist valuation.
Pensions are valued, often using a cash equivalent value. The portion built up during the marriage to the separation date is the focus. The court can make a pension sharing order or offset pension value against other assets. Because pensions can be complex, actuarial input is common.
Uncontested simplified divorces often conclude within a couple of months after lodging, depending on the court’s workload. Ordinary procedure cases vary widely. If finances and child arrangements are agreed early, it may conclude within several months. Contested or complex cases can take longer.
Costs depend on complexity, the need for valuations or experts, and whether matters are agreed. The court charges an application fee that changes periodically. Many firms offer fixed fees for simplified divorces and staged or hourly fees for ordinary cases. Legal aid may be available if you meet means and merits tests. Ask your solicitor for a costs estimate at the outset.
Not usually. You can sign a minute of agreement to settle finances and care arrangements. For divorce, the court still grants the decree, but if all is agreed this often proceeds on paper without a hearing, particularly in simplified cases or uncontested ordinary cases.
You can still proceed. If you have been separated for two years, consent is not required. You can also rely on unreasonable behaviour or adultery. A solicitor can advise on the best strategy and the evidence needed.
If relocation affects the other parent’s time or takes the child out of the United Kingdom, you should obtain the written consent of everyone with parental responsibilities and rights or seek a court order. The court will consider the child’s best interests, the reasons for moving, the proposals for contact, and the impact on the child.
Aberdeen Sheriff Court and Justice of the Peace Court - Information on family case filing, fees, and procedures. Staff cannot give legal advice but can explain process and forms.
Scottish Courts and Tribunals Service - National body responsible for court rules, fees, and forms used in Scottish divorces and child cases.
Scottish Legal Aid Board - Information on eligibility, contributions, and how to find a solicitor who accepts legal aid for family matters.
Relationships Scotland - Family Mediation Grampian - Local mediation and parenting support services to help reach agreements about children and communication.
Scottish Mediation and CALM Scotland - Networks of mediators and solicitor-mediators for consensual dispute resolution.
Citizens Advice Scotland - Independent guidance on separation, money, housing, and benefits, with local services in Aberdeen.
Aberdeen City Council - Family support, housing advice, and local safeguarding and welfare services.
Police Scotland - Immediate assistance and protection in situations involving domestic abuse or safety concerns.
Scottish Women’s Aid and local Aberdeen services - Advocacy and support for anyone experiencing domestic abuse, including safety planning and legal options.
Child Maintenance Service - UK service that calculates and collects child maintenance where parents do not have a private agreement.
1. Prioritise safety - If there is any risk of harm, contact Police Scotland and discuss protective orders with a solicitor.
2. Gather key documents - Marriage or civil partnership certificate, children’s birth certificates, mortgage or tenancy papers, bank and pension statements, and a timeline of separation.
3. Get early legal advice - Speak with an Aberdeen-based family solicitor about jurisdiction, grounds, procedure, and likely outcomes. Ask about fixed fees and legal aid.
4. Consider mediation - Where safe and appropriate, mediation can help you agree child arrangements and finances more quickly and cost-effectively.
5. Avoid financial missteps - Do not hide, dissipate, or transfer assets. Keep records of income and household costs. Continue reasonable support for children.
6. Decide the right route - Confirm whether you qualify for the simplified procedure. If not, prepare for the ordinary procedure and any interim orders needed, such as interim child contact or aliment.
7. Record agreements properly - Use a solicitor to draft a minute of agreement and consider registration so it is enforceable.
8. Plan for children - Focus on practical, child-centred arrangements for residence, contact, schooling, and holidays. Obtain written consent for travel or seek a court order if consent is refused.
9. Prepare for valuation and disclosure - Be ready to exchange full financial information. Where needed, obtain valuations for property, pensions, or business interests.
10. Review and update - As your situation changes, keep your solicitor informed and update any temporary arrangements or safety measures accordingly.
