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DIVORCE LAWYERS IN EDINBURH
Separation and divorce can be a stressful procedure, with issues such as asset ownership, who will get the house, where children will stay and what happens to pensions; to name just a few. As solicitors, it is our job to help you through this and get the best outcome for you.
During your initial appointment, we will guide you through the possible outcomes and explain what your best options are. This might include the drafting of a separation agreement, to regulate what happens to assets and child contact. In situations where you or your partner cannot agree on matters, we will talk you through how the courts can assist in deciding these for you.
We are divorce lawyers based here in Edinburgh and Dalkeith.
We are supportive of clients who require legal aid.
SCOTTISH DIVORCE IN A NUTSHELL
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Ordinary Cause Divorce: Other Grounds
If you do not qualify for either simplified divorce or and ordinary cause divorce based on a period of separation, you can still get divorced on the grounds of either:
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Adultery
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Unreasonable behaviour
A rough guide to the process through the eyes of someone applying for divorce.
SIMPLIFIED DIVORCE PROCEDURE
Simplified Divorce is available if you do not have children under 16 and have settled financial matters.
The process is much more straightforward than an Ordinary Cause Divorce. It all begins with a chat, in which we will listen to your situation and advise you whether simplified divorce is right for your circumstances.
Assuming this is the correct type of divorce for you, we will complete your application, administer an oath and ask you to provide us with your marriage certificate.
We will then lodge this in court for you and request a "warrant", which will allow us to serve this on your spouse.
There are very few grounds on which a Simplified Divorce can be disputed by them, so they often go through "undefended". Assuming that is the case, we will put a request into court and ask that the divorce be granted.
A rough guide to the process through the eyes of someone applying for divorce.
*For example, the date of separation, how assets are to be split etc
ORDINARY CAUSE DIVORCE PROCEDURE
If the Simplified Divorce is not available to you, then you need to use the ordinary divorce procedure. In most cases, this is used when you have children.
The chart shows the process, very roughly, through the eyes of someone raising the action for divorce. This is only meant as a rough guide to give you an idea of the process we will deal with on your behalf.
If you have received divorce papers from your spouse
If your spouse has applied for a divorce and you want to oppose it, the process will follow the Defended procedure above. You may only want to dispute certain parts of the divorce, such as aliment. In that case, we can advise you in relation to this.
Scots law is fair, and presumes an equal split of assets which are matrimonial i.e those accumulated during the marriage, excluding inheritance and gifts.
It may be that matters are capable of being agreed, in which case it can be put into a written agreement called a "separation agreement", which would avoid the need for the court action to go any further.
We Are Local
If you require a family lawyer in Edinburgh, then we can help. Our solicitors offer a friendly, fair and a cost effective solution for everyone.