Divorce in Scotland can feel overwhelming at first. Whether it’s something you’ve been thinking about for a while or a decision that’s just become unavoidable, it’s natural to have questions. What does the law actually say? How long does it take? And what happens with your house, your kids, your finances?
In this guide, we’ll walk through how divorce in Scotland works so you know what to expect if you’re thinking about making a change.
What Counts as Grounds for Divorce in Scotland?
Let’s start with the basics. In Scotland, the law requires that a marriage must have broken down “irretrievably” for a divorce to be granted. That might sound vague, but it boils down to four specific legal scenarios.
- Adultery
If your spouse has had a sexual relationship with someone else, and it wasn’t agreed or accepted within your marriage, you can use this as a ground for divorce. Just be aware: you’ll need to provide some form of evidence, and you can’t claim it if you continued to live together for more than three months afterward. - Unreasonable Behaviour
This one is broad and often used. If your partner has behaved in a way that makes it impossible for you to stay with them, whether that’s emotional abuse, violence, excessive drinking, financial recklessness, or just ongoing volatility, you can apply for divorce on that basis. Again, some form of proof is expected. - One Year’s Separation (with Consent)
If you and your spouse have lived apart for at least a year, and you both agree to end the marriage, this can be used. Your spouse’s written consent is required, but it’s a relatively straightforward path. - Two Years’ Separation (without Consent)
If you’ve been separated for two years or more, you can apply without needing your spouse to sign off. This is often used when the other person doesn’t agree or won’t engage.
Each of these paths leads to the same legal result, a divorce, but the journey looks a little different depending on which route you take.
How Long Does Divorce in Scotland Take?
It depends. That might not be the clearest answer, but it’s the truth. A divorce in Scotland can take anywhere from six weeks to well over a year. Here’s why.
There are two types of divorce processes:
- Simplified Divorce
This is the fastest and cheapest option. It’s available if you’ve got no kids under 16, no financial issues to sort out, and you’re either in agreement or have been separated for two years. You can usually do this yourself, without a solicitor, and the process can wrap up in under two months if everything runs smoothly. - Ordinary Divorce
This applies if you have children under 16 or complex financial matters. It involves the courts more directly and generally requires legal representation. This can take several months, or longer if things are contested.
In short, the fewer the complications, the quicker it goes.
What Happens to Your Stuff?
Now for the big question: what about money and property?
Scottish law treats assets acquired during the marriage, called matrimonial property, as jointly owned. That includes things like the family home (if bought while married), savings, pensions, and debts. Assets you had before the marriage or received as gifts or inheritance are typically excluded.
The goal is a fair split. Often that means 50/50, but not always. Courts can take into account various factors, including earning potential, child responsibilities, and whether one partner sacrificed a career to support the family.
You don’t always have to go to court to settle this. Many couples negotiate terms through their solicitors or mediation and draw up a legally binding agreement.
What About the Kids?
If there are children involved, especially under 16, things become more sensitive. Scottish courts will only grant a divorce if they’re satisfied that proper arrangements are in place for the children’s welfare.
Parents are encouraged to agree on custody and contact themselves. If they can’t, the court may appoint a child welfare reporter to investigate and make recommendations. Ultimately, the court decides what arrangement is in the child’s best interests, not necessarily what either parent wants.
And yes, sorting out parenting time, holidays, and where the child lives can get complicated. It helps to be clear, realistic, and focused on what’s best for the child, even if emotions are running high.
Final Thoughts
Divorce in Scotland is a legal process, but it’s also a deeply personal one. There’s no single route that works for everyone. The good news is that the law provides multiple options and with the right support, most people find a way through.
Whether you’re just starting to explore your options or you’re ready to begin the process, speaking to a solicitor can make all the difference. A good one will help you understand your rights, handle paperwork correctly, and focus on what matters most: your future.