If you’ve been contemplating divorce or if you’ve been presented with divorce papers, you probably have many questions and concerns, especially if there are children involved.
At Johnson Legal Family Law, we’ve compiled the top 10 frequently asked questions that we receive on a regular basis to help you to better understand the divorce process.
If you have any other family law related questions, you can ask us a question anonymously on our anonymous Q&A platform or contact us to arrange your free introductory call on 0131 622 8477 email: [email protected] .
1. What are the legal grounds for seeking a divorce from my spouse?
In Scotland, the main grounds for divorce are the irretrievable breakdown of the marriage or one spouse’s legal gender recognition as their acquired gender. Evidence of irretrievable breakdown can include adultery, unreasonable behaviour, and living apart for one (with the consent of your spouse) or two years (where no consent is required).
2. How is child custody determined following a divorce?
The primary consideration is the best interests of the child. Factors include the child’s age, their views (if old enough to express them), the parents’ ability to care for the child, and maintaining stability. Courts generally encourage shared parenting and contact with both parents if it serves the child’s best interests.
3. What is the typical duration for the divorce process?
The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce can take as little as 8-12 weeks, while a contested divorce could take a year or more, depending on the complexity of the issues.
4. Do I have the financial means to proceed with a divorce?
Legal aid may be available in Scotland if you meet certain financial criteria. Additionally, many law firms offer fixed-fee divorce services or payment plans to help you manage costs.
5. In a divorce, am I entitled to half of my spouse’s assets?
Scots law follows the principle of “fair sharing” which typically means an equal division of marital property. However, pre-marital assets, inheritances, and property acquired post-separation may be excluded. The division may vary based on individual circumstances. The division shall be fair.
6. Should I establish a cohabitation agreement when living in my partner’s property without being
married?
Yes, it’s advisable. A cohabitation agreement clarifies rights and responsibilities, such as financial contributions and what happens if the relationship ends. This can help prevent disputes over property or finances.
7. What are the benefits of having a prenuptial or postnuptial agreement?
These agreements provide clarity and protection. They outline how assets and debts will be divided if the relationship ends, helping to avoid costly and contentious disputes. Courts in Scotland generally uphold such agreements if they are fair and reasonable.
8. How can I ensure fair financial support for my children post-divorce?
Child support is calculated based on the paying parent’s income and the number of children. The Child Maintenance Service provides a formula for determining payments. You can also negotiate additional support for expenses like education or extracurricular activities.
9. What steps should I take if my spouse contests the divorce?
Seek legal advice immediately. A contested divorce requires court intervention, and you’ll need to provide evidence supporting your case. Mediation or negotiation may also help resolve disagreements before trial.
10. How are debts and liabilities divided during a divorce?
Debts accrued during the marriage are typically divided fairly, similar to assets. However, debts incurred before the marriage or post-separation are usually considered personal liabilities unless agreed otherwise.
How Can We Help?
For expert legal advice or assistance with any aspect of Family Law, book a free initial consultation with us today. Please contact us on 0131 622 8477 email: [email protected] or submit your enquiry here.. You can also visit our video library which features legal advice from our lawyers across a number of topics, submit a question to our anonymous Q&A or check out our Wellbeing Hub for emotional support.
