We have noted down some tips in order to assist those who are in the early stages of separation, in order to promote maintaining amicable relations between you and your spouse or civil partner as much as possible.
Often, the first thing clients want to know from us is what the grounds for divorce and dissolution of civil partnerships are. When it comes to applying for divorce or dissolution in Scotland, you need to prove that your marriage or civil partnership has broken down irretrievably. To do this, one of the following must have occurred:
- You have been separated for one year and have the consent of your spouse or civil partner to apply for divorce or dissolution;
- You have been separated for two years. You can go then proceed with the divorce or dissolution without your spouse or civil partner’s consent;
- One spouse or civil partner has displayed unreasonable behaviour during the course of your marriage or civil partnership;
- One spouse has committed adultery;
- Where an interim gender recognition certificate has been issued to one of the parties of the marriage or civil partnership, under the Gender Recognition Act 2004.
Tips if you are facing the prospect of divorce or dissolution of a civil partnership this year
Communication is key. Having initial discussions with your spouse or civil partner to set clear expectations and to prepare for the process together can be a beneficial mechanism in order to maintain amicable relations between you throughout the process of your separation. Having clear and consistent communication between both parties, particularly where children are involved, is important and can often help the children cope with the consequential changes that their parents’ separation may have on their lives. Other mechanisms which can facilitate an amicable separation includes creating a shared calendar to keep track of the children’s activities and upcoming events. We appreciate that in some cases, however, maintaining amicable communication between you is not always possible.
The next step would then be to take family law advice from a solicitor. It is important to obtain initial legal advice. We can provide you with an overview of the divorce process; help to facilitate fairness regarding financial arrangements and promote achieving amicable settlement terms between you, where possible. This will also assist you in managing the cost of your separation and will give you a better insight into how long it can take to formalise your separation with a view to divorce or dissolution.
There are also forms of Alternative Dispute Resolution, such as Collaboration or Mediation, which you can consider undertaking at the outset of your separation. These can be useful processes which can assist you in reaching an amicable agreement with your spouse or civil partner when separating.
Other mechanisms that couples who are facing challenges within their relationships may wish to take advantage of include the likes of therapy or counselling, which can help couples iron out issues or to navigate a path in order to come to a mutual resolution prior to having to consider the prospect of separation.
We understand that deciding to separate from a partner can be a difficult and emotional experience. We are here to offer our support and guidance to help you navigate this challenging time. By implementing the tips we provide, you can approach the process in a constructive and cooperative way. Our team of experienced Family Law solicitors is here to provide you with personalised advice tailored to your specific needs and circumstances. We are committed to treating each client with sensitivity and care to ensure the best possible outcome. We invite you to reach out to us today for assistance on 0141 221 1919. We are here for you every step of the way.
