How we can help
To get divorced in Scotland you need to prove that your marriage has broken down irretrievably. This can be established in one of four ways:
- One year's separation with your spouse’s consent
- Two years' separation without your spouse’s consent
- Adultery
- Unreasonable behaviour
Where you have agreed your financial matters in a Separation Agreement (or Minute of Agreement), this will allow you to proceed with an undefended divorce, 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 divorce process
Every divorce case is unique. We work with you to provide bespoke advice tailored to your situation.
The first step in any divorce is establishing either the relevant date you stopped living together as husband and wife, or the date a divorce action was served, whichever came first.
Next, we’ll define your matrimonial property. Scottish Law requires that matrimonial property be divided fairly. Typically, this means an equal split of all assets and debts acquired by either spouse, jointly or individually, during a marriage up to the relevant date, although this excludes gifts from a third party or inheritances. Where special circumstances exist, such as the economic burden of childcare, a different division may be considered.
Services we will discuss with you include:
You can use the services of a trained mediator who will work with you both to help you reach a settlement (CALM Scotland, Family Mediation Lothian).
We’ll give you advice on the law and explain how it applies to your circumstances, helping you reach an agreement with your estranged spouse. If this is successful, we can reflect your joint agreement in a formal document known as a Separation Agreement.
If negotiation is unsuccessful you can agree with your spouse to bypass the court system and proceed to arbitration with Family Law Arbitration Group Scotland (FLAGS). Together, you’ll pick your arbiter and decide on how you wish to proceed. Arbitration can cut down on time and costs compared with traditional court proceedings.
Very occasionally, as a necessary protective measure, or where negotiations have failed in relation to any child or financial matter, we will raise a court action in the initial stage, or at a later time as discussed with you. The court process can be stressful, expensive and protracted, but our expert litigators will be with you every step of the way to help you achieve the best possible outcome.
Divorce jurisdiction
Are you unsure whether you can get divorced in Scotland? Depending on your case and jurisdiction, we can help you understand your options and point you in the right direction. We can also assist you if you live outside of Scotland and your spouse has raised an action in Scotland.
- A Scottish person living abroad
- A foreign national living in Scotland
- Married to someone living in Scotland
Costs and Fixed Fees packages
The cost of a defended divorce can vary significantly based on the case’s complexity. We’ll always keep you informed, with regular updates on expected fees and any additional costs.
Not all divorces are defended. For couples with children under the age of 16 and no financial disputes, we offer an undefended divorce fixed fee package for £1,600 plus VAT and Court outlays of £265 (as of 2025).
For couples with no children under the age of 16 and no financial disputes, we also offer a fixed fee simplified divorce option for £375 plus VAT and Court outlays of £151 (as of 2025).
The simplified divorce form can be downloaded from the Scottish Courts Website, and we will take care of completing and submitting the application on your behalf.
Browse our FAQs for further information
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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Why choose Johnson Legal?
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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