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Divorce FAQs

You will find a list of frequently asked questions below. Just click on the question and the answer will be displayed. If you have a question that is not answered below, then please email us and we will do our best to answer your question.



If I want to rely on my spouse's adultery after we are separated will it still count?

    Yes. Adultery takes place during the course of a marriage, even if the parties are separated.

    Can I rely on my own adultery for a divorce?

      No. The party bringing the proceedings has to rely on the other party's adultery.

      Does it make any difference if we were married abroad?

        Not as long as there is a marriage certificate.

        What happens if my spouse refuses to acknowledge receipt of the divorce papers?

          Sheriff Officers can serve divorce proceedings without the other party requiring to acknowledge these.

          What happens if I do not know where my spouse is living?

            It is not essential to know this, as long as the address of a relative is known.

            Do I have to agree all arrangements for the children before divorce proceedings?

              Again, issues relating to children can be resolved in divorce proceedings. It is, of course, helpful for all parties including the children, if arrangements for the children can be resolved by agreement without the necessity of a Court having to make orders.

              Do I have to agree all financial matters before I start divorce proceedings?

                It is not essential to agree all financial matters before a divorce proceeding. Indeed, sometimes it is not possible to agree financial matters and the divorce proceedings would include requests for payment of either capital or maintenance. However, it is beneficial for financial matters to be sorted out prior to the raising of divorce proceedings.

                What are the grounds for a divorce?

                  Adultery, unreasonable behaviour, desertion, separation for two years with consent, and separation for five years (no consent needed).

                  How long do I have to be married before I can get a divorce?

                    Most parties divorce after a period of two years separation, with the consent of the other party. Accordingly, the normal period of marriage would be at least two years. However divorce can be granted on other grounds, namely unreasonable behaviour or adultery, which does not require a minimum period of two years of marriage.

                    What is the likely cost?

                      Costs are dependent on whether the proceedings involve children, and all financial issues. If the proceedings are undefended, then the cost of getting divorced is substantially cheaper.

                      How long does it take to get divorced?

                        If unopposed, approximately three months.

                        Additional information