In Scotland, the simplified divorce procedure, sometimes called the “DIY divorce” offers a quicker and more affordable way to legally end a marriage. It’s designed for couples whose circumstances are straightforward, but there are strict conditions you must meet before using this process. 

To qualify, you must have been separated for at least one year if your spouse consents, or two years if they do not. There can be no children under the age of 16 from the marriage, and all financial matters must already be resolved, usually through a Separation Agreement. You or your spouse must also be domiciled or habitually resident in Scotland. 

If you meet these criteria, the process is relatively simple. You complete the appropriate forms, submit them to the court along with your marriage certificate and any supporting documents, and pay a modest fee. The court will then serve the papers on your spouse. If there are no objections, the divorce is granted, and you receive an Extract Decree of Divorce confirming that your marriage has legally ended. In most cases, this takes around four to eight weeks. 

The simplified procedure is attractive because it avoids lengthy court hearings and reduces costs. However, it is only suitable for cases where there are no disputes about children or finances. If you have children under 16, unresolved financial issues, or do not meet the residency requirements, you will need to use the ordinary divorce procedure, which is more complex and often requires legal representation. 

Even with a simplified divorce, it’s important to get advice before proceeding. Mistakes in the paperwork or failing to properly settle financial matters can cause delays or future complications. At Maloco Mowat Parker, we guide clients through the process to ensure everything is handled correctly and efficiently. If the simplified route isn’t possible, we can assist with ordinary divorce, financial settlements, and arrangements for children. 

If you think you may be eligible for a simplified divorce or want to discuss your options, contact Maloco Mowat Parker today on 01383 629720. Our experienced family law team is here to help you move forward with confidence.