There can be a lot of confusion and questions about the divorce process, which include ‘can I get a quick divorce?’. The answer to this will depend on individual circumstances. In this blog, our expert family law solicitors will guide you through the process.
In Scotland, there is a process called ‘simplified divorce’ which is applicable to a civil partnership dissolution as well. A simplified divorce is essentially a ‘DIY’ or ‘quick’ divorce and is the quickest way of obtaining a divorce, as the process takes approximately 8–10 weeks.
To meet the criteria to apply for a simplified divorce, you must meet all the following:
- Your marriage has broken down irretrievably.
- You have been separated for at least 1 year, and you are both willing to sign consent forms, or you have been separated for at least 2 years.
- Any of your children are not under the age of 16.
- There are no outstanding financial matters to resolve.
- You are living in Scotland for the year preceding the divorce, or you consider Scotland your principal of residence.
Simplified Divorce Options
Before deciding if a simplified divorce is for you, it is crucial to understand the implications with it. Ensure you are fully aware of your legal rights in relation to the breakdown of your marriage, once the divorce has been granted, you cannot make a financial claim against your partner.
Once you have decided, you have two options for completing a simplified divorce. The first is to do it yourself, without a solicitor, however, we highly recommend that you do not go at it alone. The second option is to instruct a family law solicitor. We will guide you through the process and complete all the necessary paperwork on your behalf and advise you on the advantages and disadvantages of the simplified divorce proceedings.
What if a Simplified Divorce Isn’t For Me?
If you do not fulfil the criteria for a simplified divorce, you will need to look at alternative options, such as legal separation or an ordinary divorce.
When a couple decides to separate, any financial matters or care arrangements will need to be resolved as quickly as possible to allow parties to legally separate and move forward to a divorce.
If you have children which are under the age of 16, or have financial matters to resolve, you must use the ordinary divorce proceedings. This begins with drafting a formal document, which states the basis of the irretrievable breakdown of the marriage or civil partnership. A copy of this document will be sent to your partner, who has 21 days to seek independent legal advice and consider a response.
Contact Our Family Lawyers in Glasgow
If simplified divorce is the option you’d like to go down, our Family Law solicitors are experts within the field and can provide expert legal advice. Contact us today, and we can help you every step of the way.