The dissolution of a marriage is a challenging experience for everyone involved, especially during the initial phases. Numerous questions may arise regarding the separation and divorce process, uncertainties about child custody arrangements, financial concerns, and difficulties in reaching agreements on critical issues for many couples going through separation.
How do I initiate a divorce?
Divorce signifies the termination of the legal marriage contract, and it can only be obtained by submitting an application to the court, typically the Sheriff Court, to receive a decree of divorce. In contrast, a civil partnership is concluded through dissolution, although the procedure is quite similar.
If you and your spouse can reach consensus on all matters related to the separation prior to filing for divorce, the application will be considered undefended. This means that neither party is required to appear in court to provide evidence for the divorce, simplifying the entire process. Generally, you will need a solicitor to prepare and file the application on your behalf.
Conversely, if an agreement cannot be reached, you may need to initiate court proceedings for the court to address the unresolved issues as part of the divorce process. This can lead to significant expenses, especially with legal representation for both parties.