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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.
Divorce & Separation laws refer to the guidelines and procedures that rule the dissolution of marriages and civil partnerships. It is governed by the Family Law (Scotland) Act 1985 and the Divorce (Scotland) Act 1976 in Scotland, including Glasgow. Couples can apply for a divorce or separation on various grounds such as irretrievable breakdown of the marriage or living apart for a certain period.
Though it is possible to file for a divorce or separation on your own, various complex issues can arise, making it wise to seek legal help. These can include child custody disputes, division of property, and financial support considerations. A lawyer can help you understand your rights, guide you through the process, and negotiate on your behalf.
Local laws require that you or your spouse must have been resident in Scotland for at least one year before starting divorce proceedings. Grounds for divorce in Glasgow include adultery, unreasonable behaviour, separation for one year (with the other party's consent), or separation for two years (without the other party's consent). In the case of division of property, the legal principle is 'equitable sharing', with the main consideration being the reasonable requirements of each spouse and any children.
The minimum period of separation before filing for divorce in Glasgow is one year, but it requires the consent of both parties. If one party does not consent, the couple must live apart for a minimum of two years.
In Glasgow, just as in all of Scotland, assets acquired during the marriage except for gifts or inheritances are generally divided equally, unless there's a good reason to depart from this.
The child's best interests are always considered when determining child custody. Either parent or both may be granted custody, and the non-custodial parent is typically granted visiting rights.
While it's legally possible to represent yourself in a divorce proceeding, it's generally advisable to hire a solicitor due to the complexity and potential emotional stress of the process.
First, you and your spouse will need to be living apart. Then, a divorce application will be lodged with the court, which your spouse has a chance to defend if they disagree. If the court agrees with the reasons for divorce, it will issue a divorce decree.
The Scottish Government's website provides resources and guides on divorce proceedings. Professional bodies like The Law Society of Scotland help you find expert legal advice in Glasgow. For those who can't afford legal services, Citizens Advice Scotland offers free information and guidance.
If you require legal assistance for a divorce or separation in Glasgow, gather and document relevant information such as financial records and details of your joint assets. It's advisable to consult with a lawyer who is specialized in family law to understand your options and to guide you through the process. Always consider seeking help from a local counseling service to deal with emotional stress during this difficult period.
