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Family Lawyers in Glasgow, Scotland

Divorce Lawyers Glasgow, Scotland

divorce separation lawyers glasgow scotlandAt Jones Whyte Law, we understand that separating from your partner or divorcing your spouse can be a difficult and distressing experience and that you may be unsure of your rights. Our knowledgeable family law team, led by famiy lawyers Jonathan KeeCameron Shaw and Nicola McGuire are able to provide you with expert advice and assistance to guide you through the process as smoothly and with as little stress as possible.  

Why Choose Jones Whyte Law's Family Law Team?

  • Committed to finding the best, most effective solution for you and your family
  • Experienced, professional, approachable and empathetic
  • Members of The Family Law Association of Scotland
  • Sympathetic, client-focused solicitors
  • Glasgow-based (our headquarters are on Bath Street), operating throughout Scotland
  • Competitive rates, with fixed fee options available 

For a free, confidential discussion about your case with one of our Team, please contact us here or call us on 01413751222. 

Separating from Your Partner - Key Considerations

When separating from your partner, whether you are married or otherwise there are often a number of matters which require attention. The most noticeable of these are arrangements for children (see our guide to child contact/custody here) and financial matters. 

Whether you are married, cohabiting or in a civil partnership, it is important to know your rights should the relationship come to an end. It's particularly important for cohabiting couples to know that they only have one year from the date of separation to make any financial claims. Regardless of the circumstances, early advice is crucial. We offer Legal Aid or competitive private rates in the event that you do not qualify for Legal Aid.

Below are various additional guides to separating or divorcing in Scotland, including a guide to the main differences between divorce law in Scotland and England.

Divorce Law in Scotland

In order to divorce from your spouse, you need to establish grounds for divorce. In Scotland, a divorce can be sought where the relationship has broken down irretrievably. This is established on the basis of:

  • Adultery; or
  • Unreasonable behaviour; or
  • One year’s non cohabitation with consent; or
  • Two years non cohabitation without consent.

In the event that you do not have any children under the age of 16 and do not seek any orders in relation to financial provision you can apply to the Court for what is known as a Simplified Divorce. This is the quickest and cheapest option available. However, it is still advisable that you use the services of a Solicitor to prevent unnecessary complication and to ensure you are aware of your full rights.

A different procedure applies if there are children of the relationship under the age of 16. In such circumstances you will require to apply to the Court for an Ordinary Cause Divorce. The procedure involved here is more complex and the Sheriff will need to be satisfied in respect of the welfare of the child and that no financial orders are sought. In the majority of cases where there is no dispute in relation to the child’s welfare, matters can be addressed by way of Affidavit evidence.

Advice on the Financial Aspects of Divorce

In respect of financial matters, a separation agreement with your spouse or former partner is beneficial for the purposes of Divorce. As most matters are resolved within this agreement it means that when it comes time to apply for a divorce through the courts, this can be lodged as a production ultimately reducing your costs when compared with seeking the Court to resolve financial matters.

The circumstances surrounding the separation can often be extremely upsetting and one person may be acting in an abusive or threatening manner. If that applies to your situation please contact us straight away.

Given the current financial climate, more and more separating couples do try to resolve matters amicably, particularly if there are children involved.

No matter what your circumstances are, early advice can provide you with peace of mind and certainty about your rights and ensure that you are separating on fair terms.

Separation Agreement / Minute of Agreement Legal Advice in Glasgow, Scotland

A Separation Agreement, more formally known as a ‘Minute of Agreement’, is a legal agreement between two spouses or cohabitants which can regulate a broad range of issues such as:

Most situations require both parties to sign a Minute of Agreement narrating what has been agreed. This is a legally binding document and you should obtain legal advice if there are assets to deal with. Whether you are at the stage of agreement or otherwise it is advisable to work toward having a Separation Agreement drawn up with the help of a Solicitor who can advise you of your rights. Our team can assist in the drafting of a Schedule of Matrimonial Assets and Liabilities whilst applying the appropriate law to ensure a fair agreement is reached.

Differences between Family Law in Scotland and England

It is important to note that there are significant differences between Scots family law and family law in the jurisdiction of England & Wales.

Generally speaking, the divorce procedure is more complicated and lengthy under English law compared to Scottish law. Ultimately, a person who files for a divorce under Scots law could have a great advantage if his or her spouse has considerable matrimonial assets. However a person who requires maintenance may have an advantage if the divorce is filed in England. Our expert divorce solicitors can guide you through the best ways to proceed depending on your own circumstances.

“I am grateful to the family law department at Jones Whyte for fighting my corner to secure me regular and happy contact with my children following a difficult time in my life”

David D

“It was a distressing time in my life when I asked jones whyte law to represent me on a child custody issue with my wife. Jonathan Kee, the solicitor who advised me and represented me made the situation a lot less stressful, he was friendly, knowledgeable, gave good advice and was easily contactable to discuss aspects of the case. As my situation changed so did what I was seeking in court and Jonathan Kee adapted easily, represented me well and achieved a good outcome. I am very thankful to him for all his hard work.”

Alan Y 

Contact our Divorce Solicitors in Glasgow, Scotland

For a free, confidential discussion about your case with one of our Team, please contact us here or call us on 01413751222. 

Book your free Family Law consultation:

0141 413 5435

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