What are the grounds for a quick divorce or DIY divorce in Scotland?

In Scotland, there is a process known as the simplified divorce procedure. This process is also applicable to a civil partnership dissolution. This type of divorce is often referred to as a “DIY divorce” or a “quick divorce”. The simplified divorce procedure is the quickest and simplest way of obtaining a decree of divorce. The process takes approximately eight to ten weeks to complete.

You can apply for a divorce under the simplified procedure if you meet all the following criteria:

• The marriage has broken down irretrievably and there is no prospect of reconciliation;
• You have been separated for at least one year and your spouse is willing to sign a consent form, or you have been separated for at least two years;
• There are no children of the marriage under the age of 16;
• There are no outstanding financial matters to resolve between you;
• You, or your spouse, have resided in Scotland for the year preceding the divorce, or consider Scotland your principal place of residence;
• There are no other court proceedings taking place that could end your marriage; and
• There is no indication that either party is unable to manage their affairs due to either mental illness or impairment.

If you need to instruct a solicitor, Gibson Kerr are expert divorce solicitors and our team of family lawyers is on hand.