Divorce

Divorce is the termination of the legal relationship of marriage and can only be granted by way of an order of the court. 

The court may only grant decree of divorce if it is established that the marriage has broken down irretrievably. 

Divorce will only be granted once future care arrangements for children, if any, have been decided and all financial matters resolved.

You can read more about the financial aspects of divorce proceedings here.

Four grounds

The irretrievable breakdown of marriage can be established by any one of the following grounds:

• Adultery
• Unreasonable behaviour
• Non-cohabitation for a period of one year, with the consent of the other party
• Non-cohabitation for a period of two years

Types of divorce procedure

There are two types of divorce procedure;

• Simplified procedure, where there are no children under the age of 16 years, no financial orders are sought and the basis for establishing the irretrievable breakdown of marriage is one of the non-cohabitation grounds.
• Ordinary divorce action, where simplified procedure is not appropriate.  In this type of action, a document called an ‘initial writ’ setting out what is claimed by the applicant/pursuer and the basis for the claims, is lodged with the court by the applicant/pursuer.  The initial writ is then served upon the other party.  If the action is defended/opposed, then the court will fix a timetable detailing dates for further procedure.  If it is not defended, it will be allowed to proceed as an undefended action with the lodging affidavit evidence.

Cost certainty

At Aberdein Considine, we offer fixed fee packages for divorces using both the simplified procedure and undefended ordinary divorce action.

In the event that an ordinary divorce action is raised and it is either defended or child related or financial orders are sought by either or both parties, an indication of the likely cost can be given once the issues in the case become apparent.

Speak to an expert

If you would like to speak to one of our family law solicitors about your circumstances, click here.