We understand that it can be a difficult time and that the thought of instructing a solicitor can be daunting. We will be on hand to guide you through every step of the way.
Whilst we will deal with many divorces every year, we know that you will not.
There are several options available to you.
If you and your spouse/civil partner have reached an agreement about your finances and you have no children under the age of sixteen, you can apply for a divorce or dissolution using the simplified procedure – one year after your separation (if you both consent) or two years after separation (no consent required).
If you have children under the age of sixteen you will require to raise a court action seeking a divorce or dissolution of civil partnership. In order to raise an action, you must establish that your marriage/ civil partnership has broken down irretrievably. We can advise you about what constitutes an irretrievable breakdown for these purposes and we can discuss the best option for you.
Separation Agreements
This is a legally binding contract between separating people that regulates financial matters and, in some cases, details the agreed arrangements in relation to your children.
Given that these types of Agreements are legally binding and enforceable (in relation to financial matters) it is imperative that you seek legal advice.
In circumstances where you and your spouse/partner/civil partner have agreed terms between you it is still always advisable to seek independent legal advice, given the implications of entering into an Agreement without doing so.
We offer a bespoke service in this area.
Litigation
Our aim is always to try and resolve any disputes without the need for court intervention.
We appreciate, however, that in some cases, this is not possible. We have extensive expertise in handling cases and appearing in courts throughout Scotland.