How we can help
In Scotland, the grounds for the dissolution of a civil partnership are:
- One year’s separation with your partner’s consent
- Two years' separation without your partner’s consent
- Unreasonable behaviour
Before pursuing any of the grounds for dissolution, you’ll need to make sure you’ve settled your financial matters. These should be documented in a Separation Agreement which will allow you to proceed with an undefended dissolution – helping you save costs by avoiding a defended action.
"The best outcome financially for you is to negotiate a settlement covering all aspects of your separation that can be reflected into a document known as a Separation Agreement or Minute of Agreement. Once this has been signed you can proceed to divorce on undefended basis which will cut your costs considerable, as well as your stress levels."
Beverley Johnson
Head of Family Law & Director
The dissolution process
The first step in a dissolution is establishing the relevant date you stopped living together as civil partners, or the date a dissolution action was served, whichever comes first.
It’s important that all financial matters are agreed before the dissolution is finalised, and these are set out in a Separation Agreement. This helps the process move forward smoothly and keeps unnecessary costs to a minimum. At Johnson Legal Family Law, we understand how difficult this stage can feel, and we aim to resolve matters without going to Court wherever possible.
Our first step is to confirm the “relevant date” - that is, the point you stopped living together as civil partners or when a dissolution action was served. We then identify the partnership property, which includes the assets and debts built up during the civil partnership, excluding gifts or inheritances.
Partnership property can include savings, pensions, insurance policies, bank accounts and, in some cases, a home used as the family home and its contents.
Scottish Law requires this property to be divided fairly - usually equally - unless there’s a clear reason for a different approach. This might include caring for a child under 16 or where one partner stepped back from work to support the family at home.
Costs and fixed fees packages
The cost of a dissolution can vary widely depending on the issues involved, but we will always keep you updated on likely fees and any expert outlays.
Where possible, it can be more cost-effective to reach an agreement early, rather than let legal fees escalate.
For undefended dissolutions involving children under 16, we offer a fixed fee of £1,600 + VAT, plus Court outlays of £265 (as of November 2024).
If you are eligible for a simplified dissolution, we can complete and lodge the application for a fixed fee of £375 + VAT, plus the Court outlay of £151 (as of November 2024).
Free 15-minute telephone consultation
We offer a free 15-minute telephone call with one of our solicitors to discuss how we can help.
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We’re a team of experts specialising exclusively in Family Law. With a people-first approach to law, we listen and provide you with the relevant support, knowledge and considered solutions you need to move forward with confidence. Here when you need us most, even outside of normal office hours, we’re committed to working in partnership with you every step of the way.
That’s why 90% of our cases come from client recommendations and referrals.
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