DIY Divorce Scotland
Under Scottish Law there is a simplified divorce procedure which either or both parties can undertake themselves. You can obtain the relevant forms from the sheriff court within your own jurisdiction. If you are unsure which legal jurisdiction you reside in you can check out the courts section at the Scottish Courts Gov website – just enter your town in the locations section on the right sidebar area and the search results will provide the court which holds jurisdcition for your area. You can find information and forms advice in the Simplified Divorce Guide available from the same site.
The form is required to be signed by a justice of the peace or notary public. Most Justices of the peace will provide this service for free from your local district court (now known as Justice of The Peace and Stipendiary Magistrates Court). You can contact your local district court for a list of justices of the peace and/or book an appointment to have a JP sign the form – if you do not know the location of your local court, it can be found on the Scottish Courts Gov website linked to above.
Parties who qualify to use the simplified divorce procedure must satisfy the following criteria:
- You or your spouse must have been resident within Scotland for at least 12 months, and provided there are no children from the marriage (including children acceptedinto the family) who are under 16 years of age.
- All financial matters and arrangements have been agreed upon by both parties.
- You have been seperated from your spouse for a continuous period of at least one year and the other party is willing to consent to divorce proceedings.
- Or, if the other party is not willing to consent, then you may still proceed without their consent if you have been seperated for at least two years.
- Or, You or your spouse (or civil partner) have been issued with an interim gender recognition certificate.
You may also be able to obtain free advice and assistance with the forms and procedure from a local citizens advice bureau, your local sheriff clerk’s office or local community law centre, where this information and advice is provided free of charge.