The Divorce Process in Scotland — A Plain-English Guide (2025)

Scottish divorce law — the basics

Divorce in Scotland is governed by the Divorce (Scotland) Act 1976, the Family Law (Scotland) Act 1985, and the Children (Scotland) Act 1995. Cases are heard in the Sheriff Court — not in a Family Court or High Court.

To divorce in Scotland, you must prove that the marriage has broken down irretrievably. The law recognises four grounds:

• 1 year separation — with the consent of both parties
• 2 years separation — without consent (the defender does not need to agree)
• Adultery
• Unreasonable behaviour

The vast majority of Scottish divorces proceed on separation grounds — it is simpler, less contentious, and avoids the need to prove fault.

Two routes: Simplified Procedure vs Ordinary Cause

Scottish divorce law offers two very different procedures, and your eligibility for each depends entirely on your circumstances.

Route 1: Simplified Procedure (DIY divorce)

This is the low-cost, straightforward route — available only when:

• There are no children under 16
• There are no financial claims between parties
• You have been separated for at least 1 year (with consent) or 2 years (without consent)

If you meet all of these conditions, you can file the application yourself at your local Sheriff Court. No solicitor is required.

• Form CP1 — 1 year separation, both parties consent
• Form CP2 — 2 years separation, consent of defender not required
• Court fee: £134
• Typical timeline: 6–12 weeks

Forms are available from your local Sheriff Court or at scotcourts.gov.uk.

Route 2: Ordinary Cause

If you do not qualify for the Simplified Procedure, your divorce proceeds as an Ordinary Cause. This is required when:

• There are children under 16
• There are financial disputes or claims
• The divorce is contested (the defender opposes it)

Ordinary Cause is significantly more complex. A solicitor is strongly recommended. The process involves an Initial Writ, lodged at the Sheriff Court, and may involve multiple hearings over 6–18 months depending on complexity.

Route	Fee	Solicitor needed?	Timeline
Simplified (CP1/CP2)	£134	No	6–12 weeks
Ordinary Cause	£134+	Strongly recommended	6–18 months

The Simplified Procedure — step by step

1. Confirm you are eligible — no children under 16, no financial claims, 1+ or 2+ years' separation (depending on whether consent is given).
2. Download the form — CP1 (1 year + consent) or CP2 (2 years, no consent needed) from scotcourts.gov.uk or your local Sheriff Court.
3. Complete the form carefully — include your full names, addresses, date of marriage, and date of separation. Attach a copy of your marriage certificate.
4. Lodge at your local Sheriff Court — in person or by post. Pay the £134 fee. If you cannot afford it, contact the Scottish Legal Aid Board (slab.org.uk).
5. The court serves the defender — if using CP2, the court notifies your spouse. They have an opportunity to respond.
6. Decree of Divorce issued — usually 6–12 weeks after lodging, assuming no complications.
7. Request your Extract Decree — this is your official proof of divorce. You will need it to remarry or update official records. Keep it safely.

Children and Section 11 orders

If you have children under 16, you cannot use the Simplified Procedure. Children's arrangements in Scotland are governed by the Children (Scotland) Act 1995.

A Section 11 Order covers:

• Residence — where the child lives
• Contact — the arrangements for the non-resident parent to spend time with the child

Courts in Scotland start from the position that it is in the child's best interests to maintain a relationship with both parents. Arrangements can be agreed privately (a parenting plan) or ordered by the Sheriff Court.

If arrangements are disputed, the court will hold a Child Welfare Hearing — an early hearing focused specifically on the child's needs, with the aim of resolving issues without a full proof (trial).

Before going to court: Family Mediation Scotland (familymediationscotland.org.uk) can help parents reach agreement on arrangements without court involvement — faster, cheaper, and less adversarial.

Financial settlement in Scotland

Scottish financial provision on divorce is governed by the Family Law (Scotland) Act 1985. The principles are different from England and Wales in several important ways:

• Matrimonial property is defined as assets acquired between the date of marriage and the date of separation — not the date of divorce.
• Scotland uses a clean break principle — courts aim to resolve finances at the time of divorce, not through ongoing payments.
• Equal sharing is the starting point, but courts can depart from this based on the circumstances.
• Pension sharing orders are available in Scotland.

Financial claims must be raised as part of the divorce proceedings. If you do not include a financial claim in your divorce action, you may lose the right to make one later. This is why it is critical to resolve finances before or during the divorce, not after.

Scottish court fees and legal aid

Item	Cost
Simplified Procedure (CP1/CP2)	£134
Ordinary Cause Initial Writ	£134
Additional hearing fees	Variable
Scottish solicitor (uncontested, financial order)	£1,500–£5,000
Scottish solicitor (contested)	£5,000–£25,000+

If you are on a low income, you may qualify for civil legal aid through the Scottish Legal Aid Board. Check eligibility at slab.org.uk or call 0131 226 7061.

Free support for Scottish residents

• Advice Direct Scotland — free advice line: 0808 800 9060 / advicedirect.scot
• Citizens Advice Scotland — free guidance: cas.org.uk
• Scottish Legal Aid Board — legal aid eligibility: slab.org.uk
• Family Mediation Scotland — mediation for children and financial matters: familymediationscotland.org.uk
• Scottish Women's Aid — support for women experiencing domestic abuse: scottishwomensaid.org.uk
• Relationships Scotland — counselling and family mediation: relationships-scotland.org.uk

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Scottish law applies. Always consult a Scottish solicitor enrolled with the Law Society of Scotland for advice specific to your circumstances.