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Divorce is the legal process that formally dissolves a marriage, allowing both parties to move on independently. Under Scottish law, a divorce is necessary to end the legal and financial ties between spouses, ensuring that no further claims can be made on each other’s estate after death—particularly if no Minute of Agreement has been registered.
A divorce not only legally ends a marriage but also ensures that any outstanding financial matters and childcare arrangements are formally settled. If a legally binding Minute of Agreement has been put in place, it can be lodged with the court during divorce proceedings to show that financial and parental responsibilities have already been agreed upon.
There are two main types of divorce applications, depending on whether the couple has children under the age of 16:
✔️ Simplified Divorce – Available where there are no children under 16 and no financial disputes.
✔️ Ordinary Divorce – Required if children under 16 are involved or if financial matters remain unresolved.
Before granting a divorce, the court must be satisfied that appropriate care arrangements are in place for any children under 16.
At maloco mowat parker, we provide clear and practical legal guidance to help you navigate the divorce process smoothly. We also offer fixed-fee divorce services in certain circumstances , giving you clarity on costs from the outset.
If you need guidance on divorce or separation, our experienced solicitors are here to help. Contact us today.
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