Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

About Jones Whyte Law

3 minutes reading time (615 words)

What Does It Mean To “Get A 'Quickie' Divorce”?

Quickie-Divorce

It is common to come across media articles about celebrities getting a quick divorce andthere is certainly an increased demand for a quick divorce process from people who haven’t made the A-list.

The term “quick divorce” isn’t favoured by all. However, in Scotland, there is such a process known as Simplified Divorce procedure which, amongst other factors, was intented to speed up and simplfy the Divorce process for separated couples.

It can also be known colloquially as a “DIY Divorce”.  A Simplified divorce can be granted within six to eight weeks and this an attractive feature of the procedure.  

Am I eligible for a simplified divorce?

You can use this procedure to get divorced if you meet certain criteria.  If there are no financial matters to be resolved between you and your spouse and there are no children of the marriage under the age of 16 then you can use this procedure.

 In order to qualify for a simplified divorce, you must have been separated from your spouse for at least two years. If you have not been separated for two years, you will still qualify for a simplified divorce if you have been separated for at least 12 months and you have the consent of your spouse in relation to the Divorce.

If your circumstances don’t meet the above requirements, you will be unable to apply for a simplified divorce procedure and instead you will need to apply to use the Ordinary Divorce Procedure.

How does the simplified divorced procedure work?

When applying for a simplified divorce, you may decide to do it yourself or seek the assistance of a family law solicitor who can guide you through the process If you decide to apply for a simplified divorce yourself, you should follow the following steps:

  1. Download the appropriate form from the Scottish Courts’ website or obtain a hard copy from a local Sheriff Court. On the form you will need to provide information in respect of the reasons for divorce and provide evidence to support this. You will be able to complete the form using the guidance notes available from the Scottish Courts’ website. It is advisable to read them carefully prior to beginning the process.
  2. Once the form is completed, it will need to be notarised by a Notary Public. A solicitor, Justice of the Peace or Commissioner for Oaths, can do this.
  3. Once the form is notarised, you will need to take the form together with your original marriage or civil partnership certificate to your local Sheriff Court or Court for processing.
  4. You should note that there will be a Court fee payable for You may also be entitled to a fee exemption if you qualify for certain state benefits. To find out more information on this, visit the Scottish Court website for details.

If you feel that you would benefit from the assistance of a family solicitor to help you with your simplified divorce, our team of specialist divorce solicitors can guide you.

Where should I submit my application?

You should bear in mind when submitting your application to the Court that:

  • You must have been habitually resident in Scotland for a minimumof six months minimum prior to making your application;
  • You and your spouse or your civil partner must be domiciled in Scotland;
  • You and your spouse or your civil partner last habitually resided together in Scotland
  • You are habitually resident in Scotland and have been for at least one year before this application is made

If you would like to instruct one of our experienced Family Law soliictors to guide you through a Simplified Divorce, call our office today on 0141 375 1222 to discuss your case.

Matters To Consider When Applying For A Mortgage
Occupancy Rights: my other half owns our home – ca...

Take the First Step Now: Get Legal Advice

Invalid Input
Invalid Input
Invalid Input
Where did you hear about us?
Invalid Input

Invalid Input

Invalid Input

Invalid Input