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No, you do not have to get married in Scotland to be able to divorce in Scotland. To divorce in Scotland, the court must have the legal ability, known as jurisdiction, to hear your case. This is usually based on where either you or your spouse lives. However, there are technical rules about this, and the court might have the ability to hear your case so it is important to get advice on this at the earliest opportunity.

All the financial issues arising from the separation must be dealt with by agreement or court order before the divorce can be granted. It is the last step in the process. The courts are busy and there are certain procedural steps which have to be taken, and therefore most contested divorces take about a minimum of nine months. It is not unknown, or even unusual, to take more than a year.

If there are no financial matters to consider, or they are dealt with by agreement, it is possible to be divorced within a matter of months as long as you have a legal basis for divorce (see question 4 below).

The cheapest way to divorce is using the simplified procedure, but this is not available to everyone. If you have children under the age of 16, you cannot use this. You also need to have agreed all the financial matters. You also need to be separated for one year, if your spouse will provide their written consent to divorce, or otherwise for at least two years. We can assist you to complete the application and lodge the papers on your behalf for a fixed fee of £375 plus VAT and the court outlay which is currently £151 (as of 2025). You do not need to have a solicitor assist you to complete this form. The sheriff clerks at each court can provide further guidance on the procedure.

If you have children under the age of 16 but have agreed all the financial matters, it is likely that your spouse will not want to contest a divorce. We offer a fixed fee package for an undefended divorce for £1,600 plus VAT and court outlays which are £265 (as of 2025). Where we have been instructed by you in reaching an agreement and drafted the Minute of Agreement for you, we will always offer you a discount on the fixed fee for an undefended divorce.

If your divorce is contested, it is often very difficult to predict how much it will cost. Please speak to us directly and we will be able to offer some insight.

The court rules state that parties in a divorce need to go to court for the first hearing in a case, known as the Initial Case Management Hearing. It is unlikely that you will be expected to speak. Your solicitor will accompany you and will explain to the court what is agreed and what is in dispute. The hearing is generally short and will be heard in a procedural court with lots of other cases listed for the same time. Some of these hearings are taking place in a physical court and some are being dealt with in virtual courts using video conference software called WebEx. The court will fix a further date on which you must return to court for a further procedural hearing, known as a Full Case Management Hearing.

It is possible that you will need to go to court for the final contested hearing about the orders you and your spouse are asking the court to make as part of your divorce. We call this hearing a proof. It is a civil trial where witnesses will come to court to give evidence. However, in the majority of cases the parties are able to agree matters before a proof. We will continue to negotiate your case and will always try to reach an agreement if this is possible.

Arrangements for children are usually dealt with separately. If you are unable to agree the arrangements for the care and upbringing of your children, then this may result in parties needing to attend court. Court is usually always the last resort and an application to the court is only required when all other avenues to reach an agreement have been exhausted.