A wedding is a great celebration of love and commitment. Carried on this wave of happiness and joy, we think that it will easily last for ever. Unfortunately, forever is a long time. These days just over four marriages in ten will end in divorce in the UK. Needless to say, this is a very traumatic process for all involved, especially if the there are children involved. An amicable divorce is always preferable, but not always possible, particularly if one partner has been emotionally or physically hurt in the relationship. Even if you are best friends with your spouse, it is a good idea to speak to a lawyer about your divorce. They are experienced in these matters and will make sure you don't overlook anything. Any legal process is complicated and a lawyer will see that your divorce goes as smoothly as possible. Make sure you contact a specialist family lawyer who you are comfortable with, as you will possibly have to discuss private or painful information with them. Obviously anything you say to them is completely confidential.
Once your have selected your lawyer, they will describe the divorce process to you and explain what is expected from you. They will need to know why your want to divorce and what your situation is now - do you still live together, or has one of your moved out. This could influence your settlement. If you have children then, obviously the lawyer will need to know if you have made arrangements for them and if you have agreed how they will be supported financially. They will also ask if yo have suffered any form of abuse, or if your partner has any addictions. Naturally, your lawyer will need a copy of your marriage certificate.
There are not actually many grounds for divorce, but they are wide reaching. You may divorce on grounds of Adultery, Unreasonable Behaviour, Abandonment, Voluntary Separation and then Involuntary Separation. Your lawyer will be able to advise you which applies to your case. In fact, the process of getting a divorce is fairly straightforward. The practicalities of divorce are much more difficult to sort out. This is where, if you can, you should try to maintain good terms with your spouse, as it can make the process much easier.
To begin with, your lawyer will write to your spouse to confirm that you intend to begin divorce proceedings. Your petition for divorce is then delivered to the local court. This petition will consist of the reasons for the divorce and your settlement claim pertaining to your joint assets and your children, if you have any. Once your husband or wife has responded, probably through their solicitor, you will be required to swear an affidavit to the effect that you want to divorce your spouse. That is then sent to the court for the attention of a judge.
If you have children, you will need to complete a statement of arrangements for children. This allows you to explain who they will live with, where they will go to school and what your plans are for access to the other parent. Obviously the courts take the welfare of the children very seriously and will pay great attention to their arrangements.
If you satisfy the court that everything is in order - your spouse does not contend the divorce, the settlement is not being disputed and the children are going to be well cared for - then the divorce can move on to the next step which is the Decree Nisi. This is announced in court, though you don't actually need to be in attendance. It is simply the court's acknowledgement that the petition has been lodged and all the paperwork is in order. The court may also decide at this point who will pay the legal costs. On the basis that there are no impediments, the full divorce, known as the Divorce Absolute, should follow about 6 weeks later. This legally ends the marriage, although there may still be the final settlement to agree.
Dividing the possessions is one of the most difficult things to do at the end of any relationship. It is even worse if the parties involved are unreasonable and see it as a way of getting at each other. A lawyer's role in this situation is to try to persuade his client to compromise and see some sense. Lawyers are duty-bound to try and keep their clients out of court at this point - having a court decide the settlement can be a very expensive way of coming to terms.
Scottish divorce law is very similar to the law in the rest of the UK, but there are some differences. In Scotland all matrimonial property should be shared fairly, though not necessarily property taken into the marriage. The financial burden of childcare should be fairly shared. Maintenance to a spouse can be paid for up to three years ( in the rest of the UK it could be for life). whilst these differences seem small, the effect can be significant, particularly for a partner who has been the home-maker and so has no other source of income.If you are considering a divorce, you should consult with a good Glasgow lawyer.
Once your have selected your lawyer, they will describe the divorce process to you and explain what is expected from you. They will need to know why your want to divorce and what your situation is now - do you still live together, or has one of your moved out. This could influence your settlement. If you have children then, obviously the lawyer will need to know if you have made arrangements for them and if you have agreed how they will be supported financially. They will also ask if yo have suffered any form of abuse, or if your partner has any addictions. Naturally, your lawyer will need a copy of your marriage certificate.
There are not actually many grounds for divorce, but they are wide reaching. You may divorce on grounds of Adultery, Unreasonable Behaviour, Abandonment, Voluntary Separation and then Involuntary Separation. Your lawyer will be able to advise you which applies to your case. In fact, the process of getting a divorce is fairly straightforward. The practicalities of divorce are much more difficult to sort out. This is where, if you can, you should try to maintain good terms with your spouse, as it can make the process much easier.
To begin with, your lawyer will write to your spouse to confirm that you intend to begin divorce proceedings. Your petition for divorce is then delivered to the local court. This petition will consist of the reasons for the divorce and your settlement claim pertaining to your joint assets and your children, if you have any. Once your husband or wife has responded, probably through their solicitor, you will be required to swear an affidavit to the effect that you want to divorce your spouse. That is then sent to the court for the attention of a judge.
If you have children, you will need to complete a statement of arrangements for children. This allows you to explain who they will live with, where they will go to school and what your plans are for access to the other parent. Obviously the courts take the welfare of the children very seriously and will pay great attention to their arrangements.
If you satisfy the court that everything is in order - your spouse does not contend the divorce, the settlement is not being disputed and the children are going to be well cared for - then the divorce can move on to the next step which is the Decree Nisi. This is announced in court, though you don't actually need to be in attendance. It is simply the court's acknowledgement that the petition has been lodged and all the paperwork is in order. The court may also decide at this point who will pay the legal costs. On the basis that there are no impediments, the full divorce, known as the Divorce Absolute, should follow about 6 weeks later. This legally ends the marriage, although there may still be the final settlement to agree.
Dividing the possessions is one of the most difficult things to do at the end of any relationship. It is even worse if the parties involved are unreasonable and see it as a way of getting at each other. A lawyer's role in this situation is to try to persuade his client to compromise and see some sense. Lawyers are duty-bound to try and keep their clients out of court at this point - having a court decide the settlement can be a very expensive way of coming to terms.
Scottish divorce law is very similar to the law in the rest of the UK, but there are some differences. In Scotland all matrimonial property should be shared fairly, though not necessarily property taken into the marriage. The financial burden of childcare should be fairly shared. Maintenance to a spouse can be paid for up to three years ( in the rest of the UK it could be for life). whilst these differences seem small, the effect can be significant, particularly for a partner who has been the home-maker and so has no other source of income.If you are considering a divorce, you should consult with a good Glasgow lawyer.
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