With over 75 years' combined experience, AJ Gordon & Co offers an unrivalled level of expertise and experience in Divorce and Financial Provision on Divorce in Scotland.
Our specialist team of Divorce solicitors are vastly experienced in working on every kind of divorce from straight-forward procedures to the most complex Divorces including provision for Children’s Contact and Residence as well as high value, five-figure settlements.
We can help with a range of Divorce services including:
- Financial Provision on Divorce
- Occupancy Rights
- Pensions Advice
- Property Advice
- Savings Advice
- Spousal Support
- Who Gets What?
Al Gordon is an accredited family law specialist and solicitor-advocate. This means he is an expert court practitioner with the right to be heard in every court in Scotland. He has 30 years of experience in representing clients on Divorce and Financial Provision on Divorce.
Consultant, Graham Fordyce has a particular specialism in Financial Provision on divorce and has been representing clients on Divorce matters for over 30 years.
If you want to know what’s involved in divorce, the AJ Gordon & Co team are here to explain everything you need to know, specific to your circumstances.
In Scotland, there are 2 ways divorce is processed in our law. You will use either the SIMPLIFIED PROCEDURE or the ORDINARY PROCEDURE.
Simplified Divorce Procedure
This procedure just involves completing a form and having it notarised, after which it has to be sent to the court with the appropriate fee and your marriage certificate.
Do you qualify for the Simplified Divorce Procedure? You can only use the simplified procedure if
- There are no children (or stepchildren) under the age of 16;
- There are no outstanding financial issues between you and your spouse;
- Your spouse must not be suffering from a mental illness;
- You have been separated for the required period. That means either one year if you’ve got your spouse’s agreement to divorce, or two years if you don’t.
Ordinary Divorce Procedure
If you can’t use the simplified procedure, then our Divorce Lawyers will have to apply for divorce on your behalf using the Ordinary Divorce Procedure. This means that your lawyer will draw up a formal divorce summons, pay the required fee to the court and then once the papers have been approved by the court serve the summons
Proving The Marriage Has In Fact Broken Down
There is now only one ground of divorce – irretrievable breakdown of the marriage – although there are four established ways of proving this ground, the first two of which depend on periods of separation of one or two years as applicable. Desertion is no longer a ground of divorce in Scotland.
- Separation for a year or more with consent – in this case you just have to satisfy the court that you have been separated for more than a year and that your spouse will consent.
- Separation for two or more years without consent – this is self-explanatory. The required waiting period was shortened by the Scottish government several years ago from five years to two.
- Unreasonable behaviour. It doesn’t require any waiting period but you do have to satisfy the court that you can’t reasonably be expected to carry on living with your spouse because of their behaviour. The most common examples are domestic violence, excessive drinking, drug taking, gambling and so on.
- Adultery – again this is self-explanatory. The problem in this instance is one of proof. You have to prove that your spouse has actually been unfaithful – so the question is whether you can prove it. It’s a requirement in all cases of divorce that the court must see evidence from an independent source which is someone or something other than the spouses themselves.
Where there’s no opposition from your spouse to proceeding with your divorce after the summons is served, there’s a required waiting period of 21 days, although your spouse can waive that.
The timescale for divorce where there’s no opposition is on average about three months from drafting of the court summons to the obtaining of decree. Once the 21 days is up, your lawyer will then have to draft sworn statements to be signed by you and your witness speaking to the facts relied upon for divorce. Those sworn statements, known as affidavits, then have to be returned to the court with another fee. The sheriff then reads the papers and assuming he/she is happy with the information provided, your divorce should then be signed off.
It is extremely rare for divorce to be contested on the merits. Any experienced Divorce lawyer would advise their client that there’s usually no point in fighting over the reason for the breakdown of the marriage. Additionally, civil legal aid is not likely to be available. Therefore, most disputes tend to involve couples arguing about issues relating to their children or financial matters.
What’s important to realise is that you are not alone. At AJ Gordon & Co, we appreciate every client, family and situation are unique and we will advise you accordingly. In fact, we will advise you as to whether you need a lawyer at all; whether you should enter into a separation agreement; whether you need court orders to deal with any immediate problems and what your options are going forward.
We will advise you on mediation/conciliation and, if appropriate, how to manage communication in the meantime with your spouse/partner.
We make sure that we tell you everything you need to know concerning your situation and your options, and will confirm our advice in writing. The prospect of getting a Divorce always throws up a lot of questions which is why we allow around an hour for each consultation. It is as important to us that you leave our office feeling more in control of your situation and more informed as well as receiving expert Divorce advice from our specialists with decades of experience in this field.
Issues that we are often asked about include:-
- Counselling or Mediation
- Rights of Occupancy in the matrimonial home
- Child supportChild support/spousal supportt
- Contact rights in relation to children
- Liability for upkeep of the matrimonial home in the event of moving out
- Access to the matrimonial home after moving out
- Separation agreements
You can find out more about all of these issues throughout our website. If you have any query at all, just ask us. We are always happy to hear from you.
Call our Expert Divorce Lawyers Glasgow, Scotland
If you are thinking about getting a Divorce, don’t delay in seeking expert advice. You will benefit from knowing where you stand from the start. Our expert team of Divorce solicitors will advise and represent you every step of the way. We cover Glasgow, Lanarkshire, Dunbartonshire, Renfrewshire, East Renfrewshire, North Ayrshire, South Ayrshire and all areas of Scotland. Call us on 07812000554 or fill out our online form and we will call you back for a confidential chat. We offer a free, initial, no obligation consultation.
AJ Gordon can truly help – M Carmichael