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Browse our 2 legal questions about Divorce & Separation in United Kingdom and the lawyer answers, or ask your own questions for free.
Edinburgh, UK follows the broader laws of Scotland when it comes to divorce and separation. The law covers many aspects including custody issues, property division, and financial settlements, among others. Divorce in Edinburgh can be finalized either by a simplified procedure or through an ordinary divorce, which can be more complex and lengthy depending on the presence of disputes over children, finances, or property.
A lawyer can be especially useful when there's a dispute regarding property division, financial settlement, or child custody. Even if the divorce is amicable, a lawyer can help ensure that all legal aspects are properly considered and any potential future disputes are minimally avoided. Lawyers can also provide expert guidance on legal terms, submitting necessary legal paperwork, and representing you in court if necessary.
Under Scotland law (including Edinburgh), acceptable grounds for divorce include separation for one year (with the consent of your spouse), separation for two years (without consent), adultery, or unreasonable behavior. Crucially, Scotland employs the 'Clean Break' Principle, implying there's no ongoing spousal maintenance obligation, with everything typically being settled at the point of divorce. Property settlements are based on fair sharing, where fairness is evaluated in relation to the couple's specific circumstances.
A simplified divorce procedure may take 2 to 3 months. An Ordinary divorce or Contested divorce can take longer, possibly over 6 months, depending on the complexity of the issues involved.
Property acquired during the marriage is typically shared equally, unless this is not deemed fair. Property owned before the marriage, inherited or gifted property remains with the original owner unless required for financial provision.
The paramount consideration is the welfare of the child. Both parents have an equal right, and the court decides based on child's interests without any gender bias.
Yes, you can get a divorce without your spouse's consent if you can demonstrate that you have lived apart for at least 2 years.
Costs can vary and primarily include court fees and legal fees if you hire a lawyer. They can be as low as a few hundred pounds for a simplified divorce to several thousand pounds for a contested one.
The Family Law Association in Scotland provides a range of resources about divorce and separation. The Scottish Child Law Centre and Relationships Scotland can provide support for matters related to children and relationships respectively.
If you've determined you need legal help, it's advisable to conduct research to find a well-regarded family lawyer in Edinburgh. Make sure to ask about costs upfront and what to expect throughout the process. Consider mediation or collaborative law as an alternative to going to the court. Ensure you have all your relevant documents in order including marriage certificates, any prenuptial agreements, details about your finances, properties, and children.
